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Tuesday, August 14, 2001

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SC dismisses petition against T.N. Govt.

By Our Legal Correspondent

NEW DELHI, AUG. 13. The Supreme Court today dismissed in limine a writ petition from the wife of a businessman alleging that police had filed ``false and frivolous'' cases against her husband at the instance of the Chief Minister, Ms. Jayalalithaa.

A Bench, comprising Mr. Justice G.B. Pattanaik and Ms. Justice Ruma Pal, dismissing the petition said it was not inclined to invoke Article 32 of the Constitution to entertain the petition. The petitioner could well move the Madras High Court or any other appropriate forum in the State for relief, the Bench said.

The petitioner, Ms. Saeeda Irfana, had submitted that there was ample proof of ``registration of false cases'' against her husband and his brothers for illegal and extraneous consideration.

Claiming that the `transcripts and tapes' of the conversation between officials of the Chief Minister's office, police officers and her husband, Mr. P.K. Salahuddin, were enclosed in the petition, she prayed for quashing the FIR and for a direction to order a CBI inquiry into the matter.

Mr. P.S. Mishra, senior counsel for the petitioner, argued that there was substantial evidence to show that the case was foisted on the petitioner's husband. When the Bench suggested that she might approach the High Court, counsel said, ``the situation was such that she cannot even enter the State to file the petition and that she needed some protection''. Counsel said the Supreme Court had enough powers to entertain the petition as the life and liberty of the individual was at stake. However, the Bench said, ``we won't exercise that power'' in this matter and dismissed the petition.

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