Restore Rule of Law in Tamilnadu sign now

TO: The President of India,
Rashtrapati Bhawan,
New Delhi
[email protected]

Cc:

The Vice President of India
New Delhi
[email protected]

The Prime Minister of India
New Delhi
[email protected]

Your Excellency,

1. We crave for your kindness to allot a few minutes of your precious time for a very important issue that affects the very route of our great Indian Nation.

2. The continuing disregard and contempt for Truth, Justice, and human rights by the Government of Tamilnadu through its Police department, and the commission of barbarous acts have outraged the conscience of every right thinking citizen of this country. The Constitution of India and the various United Nations Declarations have time and again emphasized on the guarantee of personal freedom, freedom of speech and belief and freedom from fear and want. The underlying principle had been that if a man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.

3. But unfortunately the Government of Tamilnadu does not seem to realise this most important aspect of social behaviour and carries on its persecution of the Kanchi Shankaracharyas, the Kanchi Shankara Matham, its employees and followers. The peaceful behaviour of the followers of the Kanchi Shankara Matham has been conveniently construed and commented upon by the Chief Minister of Tamilnadu as the tacit approval of her vindictive and illegal actions and she has even stated this in the Legislative Assembly in a suo-moto statement made by her.

4. Although, the whole Nation is a witness to the unfortunate happenings in the past six months, we place before Your Excellency the following sequence of events for kind reference.

4.1 On 11th November 2004, H.H. Sri Jayendra Saraswathi was arrested on a charge of murder and the Police, TN Government and the Chief Minister claimed that the Police have clinching evidence of money of the Matham having been used to pay the contract killers.

4.2 The same stand was taken twice before the High Court by the prosecution while getting the bail application of the Acharya rejected by the Madras High Court on 19th November 2004 and 16th December 2004. The prosecution even unreasonably cast aspersions on the Mathams humanitarian aid and support given to a middle aged woman cancer patient who had undergone some 130 chemotherapy sessions for her illness and made her come out in public to state all these to save her reputation. Till date, the prosecution has not regretted its disgraceful act and the Courts have not pulled up the prosecution for false statements made by the prosecution in the affidavits filed before the Courts.

4.3 While so, the prosecution could not provide any of the much trumpeted "clinching evidences" before the Supreme Court and the Supreme Court granted the bail to the Acharya. Thus the arrest of the Acharya in the first place turned out to be arbitrary, just on the basis of a statement obtained from an accused while in police custody. The Police officer leading the investigation in this case, Sri K.Premkumar has many cases of human rights abuse against him, and the Madras High Court has passed strictures against him. The Acharya was detained for 61 days on the basis of such flimsy evidence and false representations made by the prosecution twice before the High Court.

4.4 On 10th January 2005, even within three hours of the Supreme Court granting the bail to the Senior Acharya, the Police arrested H.H. Sri Vijayendra Saraswathi on the same set of charges and same set of evidence, just throwing to wind the observations of the Supreme Court earlier in the day. The junior Acharya also had to undergo such arbitrary detention for thirty days before coming out on bail, granted by the Madras High Court.

4.5 In the meantime the police fed the media with all cooked up sleazy material to prejudice the minds of the public and the judiciary so that their foisted cases can go on uninterrupted. The media bash up was led by Nakkeeran, a Tamil weekly, wherein the Deputy Editor, Sri Kamaraj is the brother in law of Sri Premkumar. The Police regularly fed the print and the visual media with false and malicious information about the Acharyas in an effort to demonise them. The Prosecution presented the Acharyas as evil before the public so that basic human rights can be denied to Them and They can be persecuted. To quote the internationally renowned Human Rights Attorney Ramsey Clarke:

"With the Mass media saturating the public with perceptions that come from very slim contact with actuality and are heavily influenced by desire and prejudice, they demonise. Demonisation is the most dangerous form of prejudice. Once you call some thing evil it is easy to justify anything you might do to harm that evil. Evil has no rights, it has no human dignity, and it has to be destroyed."

The demonisation of the Shankaracharyas went on without interruption and the Tamilnadu Government had no difficulty in its mission of persecution of the Shankara Matham in the past six months.

4.6 The Mathams Manager, Sri Sundaresa Iyer, aged 67 years, with impeccable reputation is incarcerated for over four months now, just on the basis of trumped up charges. Mr Raghu, younger brother of the junior Acharya is detained for over four months similarly. As both the Acharyas have been released on bail, these two also would have been granted bail by the Courts in the normal course. The Tamilnadu Government, which very vociferously campaigned for "Let the Law take its own course" at the time of the arrest of the Senior Acharya, now adopts every trick under the Sun to deny bail to these two persons which would have been granted to them if law would have been allowed to take its own course! To deny them the freedom, they have been detained under the Goondas Act first and now two more concocted cases, one on Narcotics Law and the other an attempt to murder case have been foisted on them, all while they were detained under Goondas Act itself!

5. Your Excellency, we are sure, would appreciate that the Tamilnadu Government had been foisting Narcotics cases on persons disliked by the Chief Minister, like the son-in- law of Justice AR. Lakshmanan, former foster son of Chief Minister, VN.Sudhakaran, his two friends Salauddin and his brother, Sherija Banu from Madurai, and Muthu, MGRs former driver. On all these occasions like now, the Tamilnadu Government under the present Chief Minister has never allowed law to take its own course.

6. Even the National Human Rights Commission commenced its enquiry proceedings the State Government applied to the High Court and obtained a stay of the proceedings of the National Human Rights Commission. If the proceedings of the National Human Rights Commission were delayed thus, justice would not be rendered, as Justice delayed is justice denied. Similarly the Writ of Habeas Corpus filed by the Mr Sundaresa Iyer and Mr Raghu are being heard over a three month period now. Your Excellency will appreciate the fact that justice is being delayed wantonly, leading to frustration even in the minds of the right thinking citizens.

7. As stated earlier, the arrests are arbitrary, the detention arbitrary, more cases are being foisted only with the motive of continuing the agony and harassment to the innocent.

8. We therefore appeal to you to intervene suitably as a number of fundamental rights have been violated and/or abused by the Government of Tamilnadu. We are left with no alternative than to appeal to you, as the judicial process seems to be delayed purposely by the Tamilnadu Government. We hope you will not remain a mute spectator to the abuse of the process of law as already the prosecution has stifled the responsible media and feeds the gullible ones with misinformation.

9. We place before you the matter with a request that this not be treated as a stray incident, the Tamilnadu Government is a habitual offender of the personal freedom of persons disliked by the Chief Minister and sooner than later this must be addressed for protecting democracy in our great Motherland. Extraordinary offences of this kind call for extraordinary actions.

10. We have been admiring your unprecedented bold steps in saving democracy like the instance in Jharkhand wherein you had summoned the Governor to the Rashtrapati Bhavan. We feel that a worse situation is prevalent in Tamilnadu as the Government of Tamilnadu itself is habitually offending the fundamental rights of its citizens and abuses the process of law to suit its political and personal ends. If the rights of the citizens are offended, the citizens can appeal to the State Government for protection. If the rights are offended by the State Government itself where else but to Your Excellency that the citizens shall go? We are in such a situation now, appealing to your Excellency with the fervent hope that Your Excellency would restore Rule of Law in Tamilnadu.

Thanking you for sparing your valuable time,

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Clara BeckBy:
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The President of India

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