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"Fundamental Issues Behind the Former Tamilnadu Chief Minister's Arrest"
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What happened exactly?

While everyone sympathizes with Mr Karunanidhi, the question remains unanswered why the former CM did not co-operate with the police. This question is not raised here to taint him corrupted or to suggest that he is afraid to face the law. This question is deliberately put forth here to the readers to suggest that there may be more to his resistance than a formal query session with the Police. Where was the need for him to call Mr Maran to the scene when his daughter and the personal Physician were allowed to accompany him to the prison? In fact Mr Karunanidhi have been saying for the past 10-15 days that his arrest is imminent. If he knew it already, it could also be suspected that it could have been a well thought out strategy to involve the Central Ministers in this episode. The allegation here is that Mr Maran was called to the scene not as his nephew but as the Federal Minister of the Nation planned to make the entire episode a not-so-pleasant operation.

The State has to bear the wrath of the people not for arresting the former CM but for the mishandling of the entire affair. The police should have anticipated this when the former CM was not highly co-operative. The break-open of his residence doors and the violent forced entry to his bedroom, and raiding his and Mr Stalin's house without a search warrant are all highly appalling. The police may not require an arrest warrant while taking Mr Karunanidhi into custody on a criminal offense but the police definitely needed to have produced a search warrant to raid their residences. When the former CM did not come out on his own (even going by the version of the State Police), what made them impatient to barge into his residence? Why could they have not waited even if it meant waiting for the whole day.

It would have gone in favour of the State if they had waited till the PM and the Governor on the advice of the President involved themselves in this arrest episode, in case if the former CM continued to non-cooperate with the police. It may be a cliché that the State must have properly informed the Centre before arresting the Central Ministers. Even better and wiser thing for the State should have been the lodging of a complaint with the Centre on the irresponsible actions of the Federal Ministers. The other two major issues that came out of this arrest incidence are the following: what is the safeguard for any outgoing cabinet if the incoming cabinet resorts to witch-hunting and political vendetta. The constitutional experts and legal luminaries should worry about it and recommend modalities to deal with such issues in the future. Any incoming government should get the permission of the Governor before taking action against the former cabinet ministers. The arrest can not be on flimsy grounds. The case against Karunanidhi is so flimsy as it is linked with the proceedings of the Chennai Corporation wherein the alleged resolutions to give unlimited powers to Mayor were given approval. It is for the Press to bring out all details of the cloud around the fly over construction deal without allowing it to go under the controversies of the arrest issue.If there is a strong case against an outgoing CM / cabinet minister, they must be detained within the city until the court gives a verdict. The outgoing CM must get the same privileges as the sitting CM when it comes to his/her detainment even on corruption cases.

Police Force or Political force?

The last but a very pertinent and important issue is whether the police force is thoroughly politicized in Tamilnadu. The practice of changing the entire government machinery (top Police officials and the Secretaries) as and when the government changes is not a good sign. If these forces and departments are neutral, as they are believed to be, where is the need for their transfers as and when the new party takes over. This clearly suggests that the police force and Secretariat are completely politicized. They are no more neutral. This is a grave situation and an issue that should bother each and every sincere citizen of this country in general and in particular the TN voters must seriously ponder about this disheartening development. The police force and Secretariat should regain their neutrality without any loss of time.

The most educated lot amongst us who manage these forces is the ones who acted in a sordid way while arresting the former CM. It is not the illiterate voter from a village who misbehaved that morning. It is the highly educated IPS officers who kept aside their conscience and simply followed party line and executed the order of the higher-ups without exercising any decency, their own discretion and judgement.

With all the high activities that happened last week in Tamilnadu, it is interesting to see what would be the Supreme Court verdict on the disqualification case of Jaya. As she has only 4 months left to face the electorate, it is a very important verdict that the State is expecting. Whether she wins or loses this case, she has already lost the confidence of voters even before the election schedule is announced and even before the Apex court delivers its verdict on her qualification to contest an election. She could hardly take on the wrath of the people when already she has locked horns with the Press. Anyway, the people of the State and the Press have to get ready for an another Assembly election as the latest events indicate only this possibility and the author could not resist making this prediction.



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