Selective Sensitivity Defamation suit, Jaya’s tool then and now

 As in her previous two stints, Tamil Nadu Chief Minister Jayalalitha has once again turned to defamation suits to take on rivals and media critics, of course with a significant departure from her past stints – from indiscriminate to selective.

During her first regime between 1991-96 she and her minions were sensitive not to tolerate even remotely critical remarks and insinuations of not only political rivals and critical media but also persons holding very high offices – like Chief Election Commissioner T.N.Seshan, Prime Minister P.V.Narasimha Rao, Union Ministers P.Chidambaram, Arunachalam et al., Every media house was at the receiving end of facing ADMK regime’s defamation cases, Tamil magazine ‘Nakkeeran’ alone slapped with 146 cases. The Speaker of the Assembly summoned journalist K.P.Sunil and Murasoli Editor and Publisher S.Selvam, even passing arrest warrant against the former. The offices of dailies and magazines were attacked by goons of the ADMK causing extensive damages to property and death of an employee of one magazine. Lawyers like Shanmugasundaram and K.Vijayan were brutally attacked by henchmen of the ADMK.

During her second tenure from the year 2001 and 2006 also, Jayalalitha continued with her tirade against political rivals and media and used her tool of defamation cases indiscriminately. But after her party’s rout in the Lok Sabha Elections in 2004, she withdrew all these cases. But the sobriety did not last long and soon she was back to her game of witch hunting. During this tenure, her government filed a total of 343 defamation cases, 147 against the DMK, 87 against the MDMK, 14 against the Congress, seven against the PMK, three against the VCK, two each against CPI and BJP and one against the Janata Dal and nine against others. Of all the newspapers and journals, the sober daily ‘The Hindu’ alone faced 20 defamation cases and its office and residences of its news editor and a reporter were raided. Assembly Speaker K.Kalimuthu ordered the arrest of its editor and a reporter.

After Jayalalitha’s regimes of both times, the DMK government which followed withdrew the cases filed by her regime. However, during her present rule, Jayalalitha does not seem to be indiscriminate in filing defamation cases against political rivals and the media and is very very selective, so far. Possibly chastened by bad experiences during her previous regimes, the media – both print and electronic, by and large, are not at all critical of her misrule and pay encomiums to her as and when they got an opportunity. That may be a reason for her not to turn ire on the media so far, except filing defamation cases against biweekly ‘Nakkeeran’ for publishing a story suggesting her to be beef eater, ‘Junior Vikatan’ for publishing reports on her conducting a yagna in her Poes Garden residence, on a lady called Priya Mahalakshmi, claiming herself as the daughter of Jayalalitha and on Sasikala’s relative Ravanan meeting her in Kodanad estate palace and ‘India Today’ for an article suggesting K.A.Sengottaiyan was dropped from Ministry at the instance of Sasikala, who regained her hold in party and administration.

But suddenly there was a spate of defamation case against leaders of political parties and dailies and a journal for publishing their speeches or interviews. Defamation cases have been filed against DMK President Kalaignar and Murasoli, 2 cases against Party Treasurer Thalapathi M.K.Stalin and ‘Times of India’  and ‘Murasoli’, Leader of the Opposition in the Assembly and DMDK leader Vijayakanth and ‘The Hindu’ and PMK leader Dr.S. Ramadoss and ‘Ananda Vikatan’ – all for commenting on Jayalalitha’s sojourn for nearly two months at the Kodanad Estate palace in Nilgiris, when the state was facing grave crises like loss of Kuruvai crop in Cauvery delta districts due to non-opening of Mettur dam, cholera deaths in Chennai city and scandals in the appointments of workers for nutritious meal centres and Anganwadis.

During the last one year, Kalaignar has been levelling so many serious allegations against Jayalalitha and her government, for which there was no response at all from her or her ministers of the government.

• The very first acts of Jayalalitha after assuming office (viz) shifting of Secretariat complex and scrapping of Samacheer Kalvi drew resentment and criticism from the public, various political parties and social organisations. Her obstinacy on Samacheer Kalvi was broken ultimately by the Supreme Court and her perverse plan of converting the new Secretariat into a hospital hangs in balance in the courts.
• Kalaignar’s counter to Jayalalitha’s statement that the DMK government left a debt burden of Rs. one lakh crore, opposition to the moves on merger of Anna Universities of Technology and for monorail project instead of expanding Metro Rail.
• Kalaignar took a dig at the Jaya regime for the frequent transfers of IAS officers, condemned Minister Senthamizhan and ADMK MLA B.Valarmathi barging into Nungambakkam police station and forcibly taking away seven ADMK men detained by Deputy Commissioner R. Thirunavukkarasu, who was transferred the next day instead of taking actions against the Minister and MLA (14.6.2011)
• On power generation projects initiated during DMK rule and the failure of the previous ADMK regime to initiate even a single power project resulting in power shortage, Kalaignar has issued number of statements so far from June 17, 2011.
• Kalaignar asked Jayalalitha to behave in a manner befitting her position. He questioned Jayalalitha’s rationale behind shifting the Secretariat back to Fort St George.

“Jayalalitha, who has taken charge as Chief Minister for the third time, should at least now behave like a leader with maturity. It is not befitting of a Chief Minister to be adamant against the DMK,” he said. He also hit out at Jayalalitha for undoing a number of measures of his rule.

“A change in government can mean a change in policies. It does not mean a reversal of everything done by the previous government. The entire government is being uprooted on the whims of one person,” he said.

“She has become the Chief Minister for the third term. She should conduct herself in a mature manner. She may dislike me. But why act against all the decisions taken by my government in public interest? She is now using the flyovers and stayed in the Tamil Nadu house in Delhi built during my tenure,” Kalaignar said.

The focus of the government should be on improving the status of the people, instead of wasting its energy on carrying out an individual’s whims, he pointed out. The new government has a lot of tasks like implementing many welfare schemes and important works. “It is not proper for the post Jayalalitha is holding to adamantly reverse the decisions taken by the DMK rule,” the former Chief Minister said. Referring to the ADMK government’s decision to shift the secretariat back to Fort St. George, he said the new complex was built with people’s money. “It would be tantamount to insulting the people if the government unilaterally ignores the complex,” he said. Kalaignar said programmes and policies might change after a regime change but it is not necessary to reverse all the welfare schemes initiated by the previous government.

He said the new site belonged to the State government and all offices could be accommodated. But, the old Secretariat site belonged to the Union government and it would not be enough for meeting the growing requirements of the administration. The DMK leader recalled how Jayalalitha, in her previous term, had cited reasons for deciding to shift the Secretariat from Fort St. George. She had pointed out cracks on the Namakkal Kavignar building which houses offices of most of the government departments, built during the DMK rule in the 1970s. Now, she had decided to ignore the new complex and renovate the Namakkal Kavignar building for the sake of doing it.

Space constraints and hurdles caused by the Army which owns the Fort St. George property had prompted even the previous ADMK government to explore the possibility of constructing a new secretariat building, he pointed out. Jayalalitha herself had said in the past that the old secretariat buildings were not safe for the functioning of the government. After an abortive bid to set up a secretariat on the campus of the more-than-a-century-old Queen Mary’s College, she had even laid the foundation stone for a new complex at Kotturpuram, he said.

However, it was left to the DMK government to actually implement it — not at Kotturpuram, but on Mount Road.

• On June 30, Kalaignar questioned the motive behind announcement of an enquiry commission to probe ‘complaints’ on construction of New Secretariat complex and questioned the credentials of the person who had ordered the probe and the judge (S.Thangaraj) who had been appointed for the commission.
• The announcements of the revision of tax rates, hike in excise duty on IMFL and introduction of new medical insurance scheme by Chief Minister Jayalalitha amounted to violation of the privileges of Legislative Assembly, remarked DMK President Kalaignar M.Karunanidhi on July 12.

In his question-answer column in ‘Murasoli’, answering a question in this regard Kalaignar said that the Governor had already announced that the Budget of the State government would be presented in the Assembly at 10 AM on August 4 and it had been published in newspapers. According to the age old tradition followed in legislature, after the announcement of Assembly session important announcements of the government and changes in tax structures were not carried out. Doing so would tantamount to violation of the privilege of the House, Kalaignar pointed out.

But according to reports in newspapers today, the State government had made changes in tax structure to fetch revenue of Rs.3,900 crore which would come into force from today (12.7.2011). Moreover another announcement for fetching additional revenue of Rs.1,200 crore in the sale of liquor had also been made. The Chief Minister herself had announced starting of a new medical insurance scheme. All these acts amount to violation of the privilege of the Assembly. “In the regime of those who unilaterally shifted the very building of the Assembly without any permission, violation of House mattered nothing” Kalaignar remarked. During the DMK rule, this much of tax hike was not effected because people would suffer. But now after change of rule, taxation to the tune of Rs.3,900 crore was announced within two months. “This is an atrocity that people chose on their own” he added.

Kalaignar said in the earlier Medical Insurance scheme, the poor could receive treatment for 642 types of diseases but by including and changing the names of some diseases, the government has announced that poor can get treated for 950 diseases. Also spending Rs 4 lakh for 4 years as announced by the government will only benefit the insurance companies. He pointed out that Jayalalitha had criticized the DMK government scheme saying it only benefitted private hospitals and the insurance company. “But, she has now invited tenders from private insurance companies and she has also included private hospitals in the scheme.”

• In his epistle on July 1, 2011 Kalaignar exposed with evidence lying in glorification of Jayalalitha as ‘The savior of World Tamils’ by making USA impose economic embargo on Sri Lanka”, following the visit of US Secretary of State Hillary Clinton and in a similar manner, when she was in power last time, a bogus claim was made that the UNO was to confer a honorary award for Jayalalitha,
• On July 27, 2011 Kalaignar slammed Jayalalitha’s habit of foisting false cases to wreck vengeance on those whom she disliked and listed such cases during her regimes.
• Kalaignar on August 6, termed the claim of ADMK government’s first budget as ‘tax free budget’ as double–distilled lie and contained nothing substantial.
• On more than one occasion Kalaignar released the list of beneficiaries of TNHB plots and houses under the CM’s discretionary powers during ADMK regimes.
• Pitying ADMK ministers, Kalaignar questioned Jayalalitha making major announcements of different departments using Rule No.110 of the Assembly.
• The Paramakudi police firing incident in September 11 bears testimony to how autocratic the ADMK government is.
• Addressing a public meeting in Tiruchi on October 15, 2011 Kalaignar termed Jayalalitha’s allegation that ‘Anna Arivalayam’ was constructed on grabbed land as a ‘big lie’ and laughable and displayed the property document registered in 1972.
• Exposing a major land scam of ADMK regime, Kalaignar on October 9 alleged that a precious piece of land worth about Rs.200 crore adjacent to Cathedral Road near US Consulate has been handed over to a bogus Agri Horticulture Society, honorary secretay of which was V.Krishnamurthy of ADMK.
• DMK President Kalaignar M Karunanidhi on Nov.1 questioned Chief Minister Jayalalitha's decision to skip the NDC meeting in Delhi after citing it as the reason for her inability to attend proceedings at a Bangalore court, hearing the wealth case against her.

"When the judge asked her if she would be able to attend the hearing that day (October 22), she had expressed her inability, citing this reason. But the fact was she did not attend the meeting and deputed finance minister O Pannerselvam, thereby violating the oath of truth she took at the time of her deposition," Kalaignar said.

• In a public meeting in Chennai on April 15, Kalaignar quoting from a report in a daily said, ““There is a commission policy for every department. The method of commission followed in highways department is a correct illustration for that. Participating in the tender if the work is taken, the first word that comes is 12.5 percent has to be given to the high command. Nobody including the one who asks it, knows who is this high command which contractor will question after being told of high command? Next 4 per cent for minister or district secretary who recommended for work. For entering into contract agreement, 0.75 per cent for Superintending Engineer and 0.05 per cent for his office, 0.50 per cent for chief engineer, Chennai, and 2 per cent for the person who took the minister or district secretary, have to be given. All these are payments to be made prior to starting the work. During the settlement of bill after completion of the work, 2 per cent for divisional engineer, 0.50 per cent for his office staff, 2 per cent for assistant divisional engineer, 2 per cent for assistant engineer and 0.5 per cent for quality control AE, As if  all these are not enough Income Tax recovery of 2 per cent, sales tax recovery of 2 per cent and deposit withheld 2.50 per cent. No receipts for all these, it should not be demanded and won’t be given even if demanded. As a whole out of 100 per cent estimate amount, 34.35 per cent goes on commission. Even if one or two of these is left out at least 30 per cent of the amount goes to commission. The biggest share is 12.5 per cent which goes in the name of high command!”
• In a statement on May 2, Kalaignar accused ADMK government for neglecting school education and thus affecting the future of students.
• In his epistle on May 5, Kalaignar listed contradictions of Jayalalitha on Lankan Tamils issue.
• On May 22, 2012, Kalaignar took a dig at Jayalalitha’s loathsome pomp, shameless sycophancy and advertisement blitzkrieg at the huge expenditure of tax money on the completion of one year of her regime. He said those who are in the know of affairs say there is 15 percent commission on Ad. charges of which 2 percent goes to ad agency and the remaining 13 percent to the ‘place where it should go’.
• Explaining the process of Planning Commission on approval of plan outlays for states, Kalaignar exposed Jayalalitha’s ignorance of planning process (June 7).
• On June 8, Kalaignar questioned the locus standi of Jayalalitha in demanding the resignation of P.Chidambaram in the backdrop of judgments on charges against her in the TANSI and Disproportionate Assets case.
• Kalaignar asked the government to clarify on monorail project, alleged that printing presses in Kerala, Karnataka and Andhra Pradesh given preference over those in TN for printing those text books, failure to issue bus passes to school students etc.,
• Asking what happened to the cases against Sasikala’s kin, Kalaignar on June 26, wondered why Jayalalitha had not reacted to the interview of M.Natarajan.
• Questioning Jayalalitha’s announcement of appointment of 1623 guest lecturers, Kalaignar on July 10 wondered how vacancies that will occur in 2014-15  can be filled now.
• Referring to a report of the government obliging caste Hindus and transferring Dalit nutritional workers near Srivilliputhur, Kalaignar condemned the ADMK regime’s action perpetuating untouchability.

Answering a question about the tendency of not allowing Dalits in Nutritious Meals service, Kalaignar said people of other castes refused to send their wards to Kammapatti Panchayat Union school, Srivilliputhur because Dalit women were cooking nutritious meals. Still atrocious was bowing to the opposition of other caste people, the authorities had accepted to transfer from there Dalit workers Maragathavalli and Veeralakshmi from that centre. The act of the ADMK regime perpetuating untouchability is highly reprehensible.

• Citing media reports and the complaint sent to Jayalalitha by a former ADMK trade union secretary alleging rampant corruption in the direct appointment of 600 junior engineers in Tamil Nadu Electricity Board, Kalaignar charged of corruption in every department and the administration itself remaining paralysed under ADMK regime.
• Kalaignar decried her announcement of the merger of four Anna Universities of Technology with one affiliating university as retrogressive.
• On July 29, Kalaignar said Jayalalitha’s announcement on Kancheepuram Silk Park Project was a humbug.
• Kalaignar on August 4 said Jayalalitha’s statement on strategies to increase agricultural production and on Kuruvai cultivation an effort to place people in Fools Paradise and urged her to conduct a genuine review and give relief to delta farmers.
• On August 3, he alleged that the post of Chairman of TNERC was kept vacant for a senior official who will retire soon from service; dissatisfaction of officials over continuing sudden transfers; and snatching money from government employees in Medical Insurance scheme; a huge ‘transfer mela’ at the Secretariat in which ministers make money to the tune of several crores, corruption in appointments.

Besides these charges and allegations leveled by Kalaignar against Jayalalitha and her regime, some dailies and periodicals now and then were publishing damning reports about her government.

The New Delhi-based ‘Tehelka’ exposed scandals in Free Laptop scheme for students, Free milch animals scheme and a story on Sasikala’s exit from Poes Garden – in which it had exposed her hand in administration and collection of money. The ‘India Today’ (Tamil weekly) carried highly critical stories on 100 days of her regime, the state of books and manuscripts of Classical Tamil Research Library etc., ‘The Hindu’ and ‘Times of India’ and many Tamil dailies ….reported about cholera deaths. Even ‘Dinamalar’ often carried cases of corruption and irregularities, of course carefully sparing her.

During DMK rule, Kalaignar used to immediately refute allegations and charges of political parties and leaders including Jayalalitha, however ridiculous and stupid they were, and give clarifications to reports in dailies and magazines then and there - when they reported and irregularities he ordered immediate rectifications, which were acknowledged by them.

But under Jayalalitha’s regime, there were absolutely no responses or rejoinders from her or her ministers or the government to any of the above allegations made by Kalaignar and magazines, leave alone defamation cases. However, she has immediately reacted and filed defamation cases against political leaders and the media for commenting on her stay in Kodanad estate mansion.

This selective sensitivity of Jayalalitha raises many questions:

Does it mean that all the above mentioned charges and exposures made by Kalaignar and some sections of the media are conceded by her regime as true?

Besides the questions posed by Kalaignar on Kodanad estate palace, as the elected Chief Minister accountable to the people of the state, Jayalalitha ought to come out openly on the necessity for her prolonged stay there and put an end to avoidable speculations!

The hundreds of defamation cases filed during her earlier regimes were never pursued and taken to the logical and judicial conclusion, increasing the number of cases in the courts, wasting public money, precious time of the courts only to be withdrawn by the successive government, causing enormous mental agony to those against whom the cases were filed. Are defamation cases used only as a tool to harass political opponents and media, taking courts also for a ride?