'Person disqualified from contest shouldn't be CM'

By Our Special Correspondent

CHENNAI, MAY 15. The Janata Party president, Dr. Subramanian Swamy, today charged that the Tamil Nadu Governor, Ms. Fathima Beevi, had ``murdered the Constitution'' by swearing in as Chief Minister the AIADMK general secretary, Ms. Jayalalitha, who was convicted in three corruption cases and barred from contesting election.

``Despite being a former Supreme Court judge, the Governor has failed to show the courage and conviction displayed by the Returning Officers (who rejected Ms. Jayalalitha's nomination papers in view of her conviction),'' Dr. Swamy told reporters here.

According to Article 164 read in conjunction with the Constituent Assembly debate, only those qualified to become MLAs could be sworn in Chief Minister, he asserted.

Though the AIADMK had won a majority, the ``will of the people should be within the framework of the Indian Constitution. The mandate of the people is transitory, but the Constitution is permanent''. As the slew of corruption cases against Ms. Jayalalitha was filed on the basis of the private complaints preferred by him, Dr. Swamy said he should be allowed to function as public prosecutor in these cases under Section 5 of the Representation of People Act.

The AIADMK Government-appointed counsel would not act in fairness in these cases, he maintained.

The legal wing of the Janata Party would monitor the progress of these cases, and if there were any attempts to withdraw them, legal action would be initiated, Dr. Swamy said.

Asked if there was a possibility of rapprochement with Ms. Jayalalitha, Dr. Swamy said that even if he renewed ties with the AIADMK, he would not change his stand on the corruption cases against her.

He attributed the AIADMK-led Front's victory to the ``non- performance'' of the DMK regime and the electorate's aversion towards Chennai Mayor, Mr. M.K. Stalin, being projected as the Chief Ministerial candidate of the DMK-led Front.

The Janata Party leader claimed that if the Tamil Maanila Congress leader, Mr. G.K. Moopanar, had floated third front, both the DMK and AIADMK would have been trounced. ``Mr. Moopanar has missed a life-time opportunity to usher in Kamaraj rule.''

Stating that the results of the recently-held Assembly elections to four States and the Union Territory of Pondicherry were a verdict against the BJP-led Government at the Centre, he claimed that the NDA Government would fall soon.

Dr. Swamy said he would present a petition to the Union Home Minister, Mr. L.K. Advani, on May 25, urging him to cancel the Indian citizenship for the Congress president, Mrs. Sonia Gandhi, as she had ``suppressed crucial information'' while applying for citizenship.

He also faulted the Prime Minister, Mr. A.B. Vajpayee, for not signing an extradition treaty with Malaysia, to facilitate extradition of Mr. Quattrochi, an accused in the Bofors gun deal.

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Section  : National
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