Notice issued to Chief Secretary and Tirunelveli Collector to withdraw the order passed under section 144 Cr. P.C.

                                                                                                      20 March 2012

From

P.Pugalenthi

Advocate

No.5, 4^th Street

Sunkuraman Street

Chennai. 600 001

To

1) The Chief Secretary to Government

Government of Tamil Nadu

Secretariat

Chennai. 600 009

2) The District Collector

Tirunelveli District

Tirunelveli

Sirs,

        It is reported in The Hindu dated 20 March 2012 that a prohibitory order under Section 144 of Criminal Procedure Code was clamped on Radhapuram Taluk and that it would remain in force until 2^nd April 2012.  Nothing would be more shocking to a freedom loving citizen than an order prohibiting the people of the whole Taluk from moving from one place to another.  

        As you are aware the Supreme Court has in Gulam Abbas and others vs State of UP and others : AIR 1981 SC 2198 held : “The entire basis of action under Section 144 is provided by the urgency of the situation and the power there under is intended to be availed of for preventing disorders, obstructions and annoyances with a view to secure the public weal  by maintaining public peace and tranquility.  Preservation of public peace and tranquility is the primary function of the government and the aforesaid power is conferred on the executive magistracy enabling it to perform that function effectively during emergent situations and as such it may become necessary for the executive magistrate to override temporarily private rights and in a given situation the power must extend to restraining individual from doing acts perfectly lawful in themselves, for, it is obvious that when there is a conflict between the public interest and private rights the former must prevail.”    

        You have, in exercise of the powers under section 144 Cr. P.C., almost kept thousands of people living in about 50 villages in Radhapuram Taluk under house arrest.   It is learnt that more than 3000 people largely women and children who are participants in the protest against commissioning of Koodankulam Nuclear Power Plant are today unable to move from the place of the protest and are unable to reach their houses.   Even the school going children, who came to meet their parents near the place of protest do not have any other option but to remain with their parents even without food and other basic amenities.  

        As you are aware, the purpose of clamping an order under section 144 Cr. P.C. should always be public interest and nothing but public interest.   Placing thousands of people including women and children under house arrest would never be termed to be in public interest.

        The fundamental rights of the people to move freely from one place to other place, from one village to other village, from his / her house to any place of their choice can never be curtailed by any authority including the Executive Magistrate except in public interest.   Admittedly the protest which is alleged to be posing a threat to the administration is a non-violent protest.    The protestors are largely women.   No untoward incident whatsoever has so far happened on account of the protest.   The protest has been going on for months together.   The Hon’ble Chief Minister was pleased to meet the representatives of protestors and have a discussion not long ago.   Nowhere it is reported that the protestors were ever the cause of any unrest in the society.  

        This being the state of affairs, in Koodankulam and nearby villages, clamping of an order under section 144 Cr. P.C. would be totally violative of Articles 14 and 21 of the Constitution and you have,  by an executive order, deprived all the people in Radhapuram Taluk of their valuable fundamental right to live with dignity.   They are made to live in prison since the promulgation of your order under Section 144 Cr.P.C.  

        Kindly take notice that if the order under section 144 Cr. P.C. clamped on the entire Radhapuram Taluk is not immediately withdrawn and if the people are not allowed to move freely anywhere in Radhapuram Taluk with adequate police protection,  I would be compelled to move the  Hon’ble High Court of Judicature at Madras by way of a Writ Petition / Habeas Corpus Petition for the purpose of safeguarding the fundamental rights of the people of Radhapuram Taluk, Tirunelveli District.   

                                                                                                            Sincerely

                   P.Pugalenthi

Legal Notice to E.V.K.S. Elangovan on behalf of SP. Udayakumar of PMANE

M. Radhakrishnan                                    281 (Old No . 134)  Thambu Chetty Street

Advocate                                                                                                  Chennai  60001  

                                                                                                                                 mobile   9791096510                                         

email    lawtomorrow@yahoo.com

10 March 2012

Thiru. E.V.K.S. Elangovan

161, Cutchery Street

Erode  638 001

Sir:

Under instructions from my client, Dr.S.P.Udayakumar, 27, Isanganvilai, Mani Veedhi, Parakkai Road Junction, Nagerkovil 629002, I address you as under:

My client was shocked to see a news item published in “Dinakaran” (Nagerkovil Edition) dated 20 February 2012. The news item at page 6 of Dinakaran  reads:

  

“கூடங்குளம் அணு உலையை எதிர்க்கும்

உதயகுமார் அமெரிக்காவின் கைக்கூலி

         உதயகுமாருக்கு 11 நாடுகளில் இருந்து பணம் வந்த ஆதாரம் மத்திய அரசிடம் கிடைத்துள்ளது,  தூத்துக்குடி, குமரி, நெல்லை மாவட்டங்களில் உள்ள தொண்டு நிறுவனங்கள் மூலம் உதயகுமார் வங்கி கணக்கில் பணம் மாற்றம் செய்யப்பட்டுள்ளது,

          ரூ,1 லட்சம் முதல் ரூ,8 கோடி வரை பணம் பரிமாற்றம் செய்துவந்த ஆதாரம் உள்ளது,  மத்திய அரசு உரிய நடவடிக்கை எடுக்க வேண்டும்,  உதயகுமார் அமெரிக்காவில் இருந்த போதே போதை மருந்து கடத்தியதாக 3 மாதம் சிறையில் இருந்த ஆதாரமும் எங்களிடம் உள்ளது,  அவரது நடவடிக்கையில் இருந்து, அவர் அமெரிக்காவின் கைக்கூலி என தெரியந்துள்ளது.”

My client states that  you  have made the above  false allegations against my client with an intention to harm the reputation of my client.  The said false allegations of yours are an imputation which directly, in the estimation of the members of the public, lowers the moral character of my client and also lowers the credit of my client.  Your imputation about my client is an utter falsehood.   By making such imputation, you have  harmed my client’s reputation  beyond words and have thereby committed an offence punishable under Section 500 IPC.

Kindly take notice that if you do not, within 3 days from the date of receipt of this notice, publish your apology in the front page of Dinakaran (all editions),   my client will be forced to initiate appropriate civil and criminal proceedings against you at your costs.

Sincerely

M.Radhakrishnan

Dr. S. P. Udayakumar sent a legal notice to Prime Minister Dr. Manmohan Singh

M. Radhakrishnan                          281 (Old No . 134)  Thambu Chetty Street

Advocate                                                                                      Chennai  600 001  

                                                                                                                          mobile   9791096510                                    email    lawtomorrow@yahoo.com

28 February 2012

Dr. Manmohan Singh

Prime Minister of India

South Block, Raisina Hill

New Delhi. 110 011

Sir:

Under instructions from my client, Dr.S.P.Udayakumar, 27, Isanganvilai, Mani Veedhi, Parakkai Road Junction, Nagerkovil 629002, I address you as under:

My client was shocked to see a news item in The Hindu (City Edition : Chennai) dated 25 February 2012.    The caption of the news item in the front page of The Hindu reads  “Centre pulls the plug on three NGOs: Action follows PM’s statement that some US based NGOs are behind Kudankulam stir”.   Paragraph 1 of the news item reads:

“Close on the heels of the publication of Prime Minister’s Manmohan Singh’s assertion in an interview in the latest issue of Science  that some United States-based NGOs are behind the agitation against the Kudankulam Nuclear Power Plant, … …”

Your interview appeared in the online edition of “The Hindu” dated 24 February 2012 is noteworthy :  

“Prime Minister Manmohan Singh has criticised non-governmental organisations that receive support from abroad for stalling the use of genetic engineering in agriculture and leading protests against the Kudankulam nuclear power plant in Tamil Nadu.

In an interview published in the latest issue of journal Science, Dr. Singh pointed to the potential of biotechnology, saying “in due course of time we must make use of genetic engineering technologies to increase the productivity of our agriculture.”

But controversies had arisen. “There are NGOs, often funded from the United States and the Scandinavian countries, which are not fully appreciative of the development challenges that our country faces.”

Then, referring to the protests at Kudankulam, he said: “the atomic energy programme has got into difficulties because these NGOs, mostly I think based in the United States, don't appreciate the need for our country to increase the energy supply.”

Asked whether nuclear power had a role in India despite the Fukushima disaster in Japan, he said, “Yes, where India is concerned, yes. The thinking segment of our population certainly is supportive of nuclear energy.”

My client on seeing the above news items verified the veracity of the same with your interview published in “Science” (Vol 335 : 24 February 2012) under the caption “India’s Scholar-Prime Minister Aims for Inclusive Development”.  Your interview runs thus:

“Q:Why did your government put a moratorium on the release of Bt brinjal?

M.S.:Biotechnology has enormous potential, and in due course of time we must make use of genetic engineering technologies to increase the productivity of our agriculture. But there are controversies. There are NGOs, often funded from the United States and the Scandinavian countries, which are not fully appreciative of the development challenges that our country faces. But we are a democracy, we are not like China.

You know, for example, what's happening in Kudankulam [in southern India, where local NGO-led protests have stalled commissioning of two 1000-megawatt nuclear reactors]. The atomic energy program has got into difficulties because these NGOs, mostly I think based in the United States, don't appreciate the need for our country to increase the energy supply.”

My client says that he is deeply hurt by your false statement that the atomic energy programme has got into difficulties because the NGOs, often funded from the United States and the Scandinavian countries, don’t appreciate the need for our country to increase the energy supply.    This statement appears to have been made by you only with a view to informing the public that the protest against the Kudankulam Nuclear Power Plant in Tamil Nadu is going on with the assistance of the funds made available from the United States and the Scandinavian countries.   There is no basis whatsoever for this statement made against my client who is the Coordinator of the protest.   

My client states that you have made this false statement against my client with an intention to harm his reputation.  The statements made in your interview amount to an imputation which directly, in the estimation of the members of the public, lowers the moral character of my client and also lowers the credit of my client.  Your imputation that the said protest is funded by the United States and the Scandinavian countries is an utter falsehood.    This imputation of yours may fall within the realm of ‘defamation’. 

My client hopes that you, as the Prime Minister of India, will immediately make appropriate amends to the statements made against my client, and will not drive him to have recourse to law.

Sincerely

M.Radhakrishnan