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This is an archive article published on October 3, 2007

SC rap: Karunanidhi fell in but allies didn’t sheathe swords

Even as the supreme court passed harsh strictures against the Tamil Nadu Government, even threatening to recommend...

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Even as the supreme court passed harsh strictures against the Tamil Nadu Government, even threatening to recommend dismissal for violating its September 30 order permitting a bandh-like situation in the state on October 1, constituents of the DMK-led Democratic Progressive Alliance lashed out at the judiciary for “interfering in its affairs” and “encroaching on the other pillars of democracy”.

Union Shipping Minister T R Baalu took the lead in attacking the Supreme Court, accusing it of “crossing its limits”, and even issuing a veiled threat of impeachment against the judges. Addressing the group of hunger strikers who gathered at the Wallajah Road junction on Monday to observe the day-long fast, Baalu let loose a tirade, alleging that even judges “were not above board with some of them being embroiled in scandals”.

Chief Minister and DMK President M Karunanidhi, who was present at the venue for about two hours, made no move to restrain his party leaders or allies, and added his bit, taking a dig at the judiciary, questioning the delay in the progress of the asset disproportionate case against arch rival and AIADMK leader J Jayalalithaa in a Bangalore court and a latest case relating to her Kodanadu estate in Nilgiris, where a luxury bungalow was being built allegedly in violation of building rules. “We are not getting justice because we are a class apart, unlike them, and we have to depend on people’s power,” Karunanidhi said.

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However, his party colleague, Baalu, did not mince words. The issue of impeachment would arise if the judiciary committed mistakes, he said, wondering why no judge had so far been successfully impeached. Such a provision was there in the Constitution for erring judges, he said.

“Where do you think an impeachment motion begins? The MPs present here know,” he said, hinting at the Constitutional provision wherein MPs could initiate impeachment proceedings against members of the higher judiciary. “As a Minister, I can sign such a motion. All of you can sign such a motion,” Baalu said, addressing the MPs present.

Baalu also wondered why the case relating to the Sethusamudram issue “always came up before a particular judge”. It was also “strange” that the Supreme Court Bench heard a petition by the AIADMK seeking to declare the DPA’s call for a bandh as “unconstitutional” on a Sunday, he said.

CPI National Secretary D Raja said: “The judiciary should know its limits”. The Parliament, representing the people, had powers to enact laws and amend the Constitution. “The role of the judiciary is only to supervise the laws and interpret them,” he said. The “growing conflict” between the judiciary and the legislature was not in the interest of democracy, said Raja, emphasising the need for “greater judicial accountability”.

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Wondering if courts and judges “descended from heaven”, CPI(M) State Secretary N Varadharajan said: “It is disturbing that the judiciary is opposing people’s welfare schemes.”

More strident in his criticism of the judiciary, CPI State Secretary D Pandian, said: “Those punished by the judiciary during the freedom struggle became national heroes. Gandhi became Father of the Nation.” But the judge who sentenced Gandhiji to undergo six years imprisonment was completely forgotten, he said.

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