Chennai, March 24 :
Avoiding a direct confrontation with the judiciary, the Tamil Nadu Assembly today allowed the release of ADMK legislator R. Thamaraikkani from jail, only to have him re-arrested soon after.
Thamaraikkani, who was served a seven-day arrest warrant by the Speaker for assaulting the agriculture minister in Assembly on Monday, was released on a Madras High Court order issued yesterday.
After a three-hour debate today, the Speaker decided not to oppose the legislator?s release to avoid a direct conflict with the court.
However, the Assembly had unanimously passed a resolution yesterday sentencing Thamaraikkani to 15 days? simple imprisonment. Asserting that this resolution still held, Speaker P.T.R. Palanivel Rajan got the MLA arrested again within minutes of his release.
?My warrant and order for seven-day custody have become infructous, while the resolution still stands,? the Speaker said, at once complying with the court ruling and ensuring that the ADMK leader remains in prison.
?The earlier seven-day sentence was intended for his personal protection,? he added. Palanivel Rajan said the MLA was served the sentence for ?breach of privilege and contempt of the House?.
?Though convention demands that any breach of privilege or contempt case be referred to the privileges? committee, in the present case the House converted itself into a privileges? committee and awarded the punishment,? the Speaker added. ?This is because the assault took place inside the House and I was a witness to it,? he said.
Though the ruling came yesterday, Thamaraikkani was not released until this afternoon. When the court resumed its hearing today, ADMK Rajya Sabha member O.S. Manian sought to move a contempt petition against jail authorities for not complying with the release order.
But the counsel for the state argued that the high court had only struck down the Speaker?s warrant, not the Assembly resolution which superseded it. Hence, the jail authorities had not acted on the ruling.
Though the court did not take up the contempt petition, it ruled that Thamaraikkani be released immediately.
The Assembly met to debate the issue, and members urged the Speaker to protect the sovereignty of the House. After the Speaker announced that the legislator?s release would not be opposed, Thamaraikkani was freed from Central Prison. But as soon as he stepped out of the prison gates, the police arrested him to comply with the Assembly?s resolution.
This may not be the end of the row. The court will tomorrow take up a fresh petition challenging the resolution.





