The Political Parties, Social Movements and Human Rights Organisations of Puducherry submitted a Memorandum to The Lieutenant Governor of Puducherry on 24.12.2008.
Memorandum:
We, the Political Parties, Social Movements, Human Rights Organisations of Puducherry would like to bring to your kind notice the happenings on 18, December, 2008, and the events that followed thereafter affecting the Public and disrupting normal life. One Mr. Sreedhar, Sub-Inspector of Police and another Mr. Ambalavanan, an Advocate, both were caught red-handed, while receiving Graft from a Private party for settling a criminal Case filed by another lady in the Orleanpet Police station, by the Anti-Corruption wing of the Central Bureau of Investigation, on 18th December, 2008.
On the night of the same day the arrested were produced before the Principal and Sessions Judge at his residence, but the lawyers in a mob crowded and gathered in front of the residence of the Presiding Officer demanding release of the Advocate. The next day the accused were produced in the Court as per directions.
On 19, December, 2008 of the two accused, only the lawyer was granted bail by the Court. The bail application filed, on behalf of the Police Officer was rejected by the Court. Meanwhile, the news spread like wildfire and all the Police Stations adjoining the Court like the Orleanpet, Mudaliarpet, Odiansalai, Grand Bazaar and etc, were closed and all the Police Men were assembled in the Court Premises. Even the Traffic Personnel and others blocked the flow of traffic and indulged in agitations restraining the Judiciary to function independently. They intimidated the Advocates and others present and hurled filthy abuses against them. Even the Principal and Sessions Judge Mr. D. Krishnaraja was not spared and his vehicle was surrounded and shouted upon to grant bail to the delinquent S.I. of Police.
The visit of the District Collector, the I.G. of Police and S.S.Ps and S.Ps to the scene could not pacify the unruly police men. In fact the Police Officers at higher level was said to have instigated and encouraged the discipline force to lose their sense of orderliness and decency.
The visit of the Honourable Minister Mr. Kandasamy and other party M.L.A.s were also jeered and Protested by the agitating policemen, while the I.G. of Police and other S.P.s and Senior S.S.Ps were passive spectators to all unlawful happenings in the court premises. Another undemocratic incident was the attack on the Press People, who were covering the ruckus and the breakdown of the law and order situation of the Policemen right from the morning till afternoon with almost paralysing the entire functioning of the Police Station in the region. Some of the Journalists sustained injuries and were rushed to the Hospital.
The State has never experienced atrocities of such magnitude particularly from the State Apparatus. In a Democracy, the Police falls under the category of the Executive, one of the three limbs of the Government, the others being the Legislature and Judiciary. The harmonious functioning among them has been pivotal for the success of any Government.
The Police Force for an individual cause and case that to in a criminal offence committed by a man in the uniform have flouted the Rule of Law and infringed upon the freedom of the Judiciary and the Press, the Fourth Estate of Democracy. Taking law into their hands, barricading the Court, stalling the proceedings of the Court is certainly an affront to the Judiciary, and constitutes violation of the Provisions of the Constitution of India. Freedom of Speech and Expression and due process enshrined in the constitution have been trampled upon by the Police with the connivance of their Officials have to be dealt with appropriately by the Constitutional Functionary, Your Excellency.
The Common man, who already at the receiving end in not getting fair treatment from the Police and the increase in the crime rates in the Union Territory all prove the attitude of the Force that came out in the open on 19th instant requires stringent overhaul of the Notorious force, in order to infuse confidence in the minds of the People, who are yet to recover from the shock.
The Government of Puducherry has proved itself that it has abysmally failed in its grip over the Police Force and the Administration and the Home Minister, who did not reach out to the People to save the Judiciary from intimidation, prevent the attack on the Press and ensure dignity to the M.L.A.s in the entire unhealthy episode has a moral responsibility to step down. The collective responsibility of the Puducherry Ministry shall also owe ethical duty to take responsible, meaningful and timely action against all perpetrators and instigators of the attack and violence.
The Ordering of an enquiry to be conducted by the erstwhile Collector, who is working under the control of the Administration, will not serve the purpose and the proposed enquiry will suffer from bias and prejudice. Further, to the gravity of the incidents the attempted enquiry will not be proportionate.
Therefore, We, demand and request the Constitutional Functionary to order a detailed enquiry by requisitioning the services of a sitting Judge of the High Court of Judicature of Chennai into the entire incidents of 19th and thereafter, so as to inform the citizens that Justice will not be denied and the erosion in the System will be repaired and restored back to the rails, complying to the Standards of Rule of Law and etiquettes of Democracy.
Signatories:
Su. Pavanan, Organising Secretary, Viduthalai Siruthaigal Katchi (VCK), Puducherry.
V.Selvarasu, Organising Committee Member, Marumalarchi D.M.K., Puducherry.
U. Muthu, General Secretary, All India Forward Bloc (AIFB), Puducherry.
T. Sanjeevi, President, Rashtriya Janatha Dal (RJD), Puducherry.
G.Sundramoorthy, President, Nationalist Congress Party (NCP), Puducherry.
C.M. Puratchi Vendan, President, Lok Jan Shakthi, Puducherry.
Logu. Ayyappan, President, Periyar Dravidar Kazhagam, Puducherry.
R. Mangaiyarselvan, Organiser, Meenavar Viduthalai Vengaigal, Puducherry.
G. Sugumaran, Secretary, Federation for People’s Rights (FPR), Puducherry.
S. Moorthy, Organiser, Puratchiyalar Ambedkar Thondar Padai, Puducherry.
V. Parthiban, Secretary, Sempadugai Naneeragam, Puducherry.
S. Natarajan, President, Murasoli Maran Peravai, Puducherry.
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