New Delhi, October 4
Tamil Nadu transport minister K.N. Nehru, DGP P. Rajendran, secretary transport Debendranath Saranghi were also named in the petition by the AIADMK
The petition was filed after the apex court on the day of the bandh on October 1 had severely reprimanded the state government for not following its order and even went to the extent of stating that if the reports relating to the defiance were true, then the UPA government at the Centre should dismiss the state government.
The court had even said it could recommend to the President on the dismissal of the Tamil Nadu government for such defiance of the apex court order, which amounted to “break down of the constitution machinery”.
Earlier on Sunday, the Supreme Court at a special hearing by a Bench of Justices B.N. Agrawal and P.P. Naolekher had banned the bandh declaring it as illegal as per the guidelines laid down by the apex court in the Kerala strike case
Placing a series of evidence to prove that the DMK-led government had gone on strike on October despite the court’s stay order, the AIADMK in a petition moved by its counsel Guru Krishnakumar, submitted that there was “willful disobedience” of the court order and closure of all essential services.
Though greater constitutional duty was cast upon Chief Minister Karunanidhi and Balu and Nehru as central and state ministers to ensure that the Supreme Court order was enforced in letter and spirit, they instead “deliberately, willfully and wantonly violated” it themselves, the petition said.
Not only this, the three important constitutional functionaries “aided and abetted” to violate the court direction themselves. “They intentionally committed acts by which the bandh call was enforced,” the AIADMK, seeking awarding of appropriate punishment to the alleged contemnors as provided under the law. Apart from the non-provision of bus service, even shops and establishments were prevented from carrying on their activity those shops which opened up in the morning were force to shut down by 9.30 a.m. upon DMK men coming to close them Chennai and other places, it said.
Krishnakumar said video footage showing DMK activists closing the shops and business establishments would be produced before the court when the matter is taken up for hearing.