Author: S. Gurumurthy
Publication: RSS
Date:
URL: http://www.rss.org/New_RSS/News/NewsDetail.jsp
This statement is being issued to
clear the misunderstanding created by incorrect reporting in a section
of the media about the proceedings in the criminal case filed against me
by the TN Police in the Magistrate's Court in Kancheepuram.
First no arrest warrant was issued
by the Magistrate against me as had been reported. In fact the Magistrate
refused to issue a non- bailable warrant [NBW] which only results in arrest.
Second, the police had blatantly lied to the Magistrate that I was absconding
from March 24 onwards and sought an NBW. This became evident when my advocate
inspected the records of the court with the permission of the Magistrate.
Yet the Magistrate issued only a bailable warrant to appear before him
on June 6. I appeared before the Magistrate today and asked for the recall
of the warrant which the court was pleased to do on my furnishing a surety.
So the media reports to the effect that an arrest warrant has been issued
against me were clearly based on incorrect briefing by the police.
The entire conduct of the police
in filing the case against me is in breach of the undertaking given by
the public prosecutor in the Madras High Court. I had challenged the FIR
filed by the police in this case by a Writ Petition and the High Court
had admitted the petition in February 2005. When the court was about considering
my application for stay of the prosecution, the public prosecutor wanted
time to file a counter affidavit and gave an oral undertaking that meanwhile
the police would maintain status quo and would not arrest me. Afterwards
the matter came up for hearing on at least four occasions and each time
the government got the hearing adjourned. But even as I was a petitioner
before the High Court and the government was taking adjournments, the police
was lying in the Magistrate's court behind my back saying that I was absconding
and they were unable to serve summons on me. Using this false representation,
when the High Court had gone on vacation, the police had tried to take
a non-bailable warrant against me for arrest which was not permitted by
the Magistrate. It is therefore obvious that the police has dishonestly
abused the process of the court and breached their undertaking given before
the High Court. I am taking legal advice to launch appropriate proceedings
for contempt and also to quash the prosecution in the High Court.
