Chennai/New Delhi, Sep 2 (IANS) The AIADMK government in Tamil Nadu is likely to go ahead with its planned distribution of free mixers, grinders, fans, laptops for students and other freebies from Sep 15 with the Supreme Court Friday fixing the next hearing of the case against the schemes to Sep 16 and refusing a stay.
Chief Minister J. Jayalalithaa had announced after her election in May that she would start rolling out the promised freebies from Sep 15, the birth anniversary celebrations of C.N. Annadurai.
The case was filed by city-based advocate S.Subramaniam Balaji.
On Friday the Supreme Court heard two issues – the petition to transfer his case against the freebies announced by the AIADMK government from the Madras High Court and his appeal against the decision of the Madurai bench of Madras High Court in his case against the then DMK government’s free colour television (CTV) distribution.
The apex court declined to stay the state government’s move to start distribution of the freebies from Sep 15 to mark the birth anniversary celebrations of Annadurai.
Appearing for Tamil Nadu government, senior counsel Mukul Rohtagi said the state government did not get notice of the transfer petition and it would like to file a counter for the transfer.
On July 29, the apex court had asked Balaji to file a petition to transfer his case against the freebies announced by the AIADMK government.
Speaking to IANS over phone from New Delhi, his counsel Arvind P. Datar said: ‘Rohtagi argued that the CTV case has become infructuous now to which the two judges did not agree. Rohtagi then said he would file a counter to the transfer petition. The judges then fixed the next hearing on Sep 16.’
‘The court also ordered private notice to the Comptroller and Auditor General (CAG) and Election Commission of India (ECI) as they are also respondents in the case,’ Balaji told IANS over phone from New Delhi.
‘Poll promises are unconstitutional and bribery, amounting to corrupt practice under the Representation of People Act,’ Balaji said.
‘The government cannot enrich private individuals out of consolidated funds. The government cannot create a private asset out of public funds. Giving free CTVs or other items is precisely that,’ he said.
According to him, the CAG was the guardian of the exchequer and had enough power to stop the government orders permitting freebies.
