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Online edition of India's National Newspaper 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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