Speaker ignores HC order
AIADMK MLA not released

CHENNAI, March 23 (UNI, PTI) — The legislature and judiciary in Tamil Nadu headed for a confrontation with Assembly Speaker P.T.R. Palanivel Rajan refusing to take cognisance of the high court order suspending the detention warrant against AIADMK floor leader R. Thamaraikani and the jail superintendent declining to release the legislator, as ordered by the court.

In a day of dramatic developments, a Division Bench of the Madras High Court, on a habeas corpus petition filed by AIADMK Rajya Sabha member O.S. Manian, ordered the immediate release of Thamaraikani even as the assembly passed a unanimous resolution sentencing him to 15 days' simple imprisonment.

As the court order came in the afternoon, the speaker went into consultations with Chief Minister M. Karunanidhi, senior officials and legal experts on the possible fall out of the court order and the next course of action to be taken by the legislature.

After marathon consultations, the Speaker declared tonight that the assembly resolution sentencing the member stood and he would not take cognisance of any court order for his release.

Meanwhile, the jail superindentent who was presented with the court order as also the house resolution, declined to release Thamaraikani though the court order said he should be released forthwith. Former AIADMK minister T.M. Selvaganapathy, who served the court order to the superintendent, quoted him as having said that he was not in a position to release Thamaraikani.

In a related development, AIADMK supremo J. Jayalalitha deplored the alleged attempt by the government to intimidate the doctors against providing medical treatment to Thamaraikani and his colleague S. Karuppasamy who had been injured during the bedlam in the house yesterday.

Asked why Mr Thamaraikkani was sentenced without a hearing. The Speaker said it was not necessary to hear a party when the contempt was committed inside the House and in front the members.

Mr Palanivel Rajan said leaders had even suggested a prison sentence of at least two years. As the member’s action would attract 10 years rigorous imprisonment under Section 326 of the IPC along with a fine as a grievous injury had been caused.

Some had also suggested that his tenure as legislator be terminated as a punishment as this was not the first time he had indulged in violence against fellow members, the Speaker said, adding former minister Panruti S. Ramachandran, G. Viswanathan and TMC members C. Gnanasekaran and Dr A. Chellakumar were among his earlier ‘targets’.

However, it was decided at the leaders’ meeting that since the incident happened in the House and in full view of the chair, members, media and the public watching from the gallery, the House itself could punish the member to uphold the sovereignty of the legislature.

The leaders also endorsed his order yesterday, directing the arrest of Mr Thamaraikkani and keeping him in custody for a week in the central prison here as an interim measure. The Speaker also warned that if the MLA repeated the offence, he was liable for disqualification for the remainder of his term.

However, Mr Palanivel Rajan declined to admit a privilege motion against AIADMK chief Jayalalitha for her statement denying the assault episode and imputing motives to the Speaker’s action. No action was called for though her statement was "false and in cheap taste", he said.

The two-week sentence was imposed after a resolution moved by the Leader of the House and Education Minister K. Anbazhagan, was adopted unanimously.

The resolution said Mr Thamaraikkani, by inflicting a grievous injury on Arumugam, had rendered himself liable for both breach of privilege and offences under the IPC. "However, strongly condemning his action and considering the dignity of the House, the House resolves to impose a sentence of simple imprisonment for 15 days as punishment," the resolution added.

Earlier, narrating the incidents after the two AIADMK members were evicted from the House, Chief Minister M. Karunanidhi said they had taken refuge in AIADMK leader Jayalalitha’s residence for some hours.

A private hospital here had sent an ambulance to her House and wrapped bandages around them to give an impression that they were injured in the incident. "They were taken to the hospital, but were not given any treatment. The doctors refused to let the police execute the Speaker’s arrest warrant and tried to shield him from arrest," he alleged.

AIADMK functionaries, including former Ministers, prevented the police from performing their duty. But the police managed to arrest Mr Thamaraikkani. He was taken to the government general hospital, where doctors unwrapped a bandage around his head to examine him and found that he had no injury at all, Mr Karunanidhi said.

Asked whether he would take action against the ruling party members who had allegedly assaulted Mr Thamaraikkani and Mr Karuppasamy in retaliation, Mr Palanivel Rajan said he had not received any such complaint. "There was no witness for any such incident," he added.

Earlier, speaking in the House, S. Thirunavukkarasu (MGR-ADMK) strongly condemned Jayalalitha’s statement and said the hospitalisation of the MLAs and the attempts to show they were also injured confirmed his suspicion that the AIADMK would cook up a story overnight in a herculean bid to divert public attention from its violent politics.

"I know how the party functions, having been with them for some time," said Thirunavukkarasu, who has been in and out of the AIADMK. He demanded that the Speaker take up Jayalalitha’s statement as a privilege issue.

Two other members, M.A. Latheef and A. Dheeran, gave notices for breach of privilege against Jayalalitha.

Public works Minister Durai Murugan took exception to the portion of Jayalalitha’s statement alleging that he had assaulted Thamaraikkani, and said everyone present in the House knew that no such incident took place.

Earlier, the Tamil Nadu Assembly today sentenced AIADMK legislature party leader R. Thamaraikkani to 15 days’ simple imprisonment for assaulting and causing grievous injury to state Agriculture Minister S. Arumugam in the House yesterday.

Mr Thamaraikkani was arrested yesterday and later detained in the central prison here.

Mr Thamaraikkani was arrested last evening on a warrant issued by Speaker PTR Palanivel Rajan, and sentenced to 15 days’ simple imprisonment today by a unanimous resolution adopted by the House.

Assault episode in the Tamil Nadu assembly evoked distinct reactions from various political parties in the state today with the BJP and the RJD condemning the incidents and AIADMK charging that there was no security to the lives of the opposition members in the DMK rule.

The CPM criticised AIADMK leader Jayalalitha for her statement allegedly justifying the action of her party’s floor leader R. Thamaraikkani who hit Agriculture Minister Veerapandi Arumugam in the House, and demanded that government take stern action against AIADMK MLAs who continued to indulge in violent acts.

In a statement here, five prominent AIADMK functionaries charged that there was no security to the lives of members belonging to opposition parties under the DMK rule. "We warn that if the situation is allowed to be continued, DMK chief M. Karunanidhi will have to face serious consequences", they said.

BJP state unit general secretary L. Ganesan described the episode as a ‘blow to democracy’. in a statement.

President of the Rashtriya Janata Dal’s Tamil Nadu unit, K. Jagaveerapandiyan, condemning the episode, said both ruling DMK the AIADMK should eschew violence and discharge their democratic duties in the state Assembly.