Madurai: Union Minister MK Alagiri`s son, Durai Dayanidhi, on Friday opposed in the Madras High Court bench here the police plea in the illegal granite quarrying case that arrest warrant should be issued against him, saying he had filed another anticipatory bail in view of the "changed situation" in the matter.
He said dismissal of his earlier anticipatory bail did not mean that he should surrender himself before police. "That is not legally correct. It also amounted to infringement of fundamental rights guaranteed by the Constitution," he said.
He cannot be termed as absconding or evading arrest just because his advance bail plea had been dismissed.
Besides arrest warrant could not be issued by courts solely for production of accused before police in aid of investigation, and what could not be done directly, could not be done indirectly (through court).The arrest was prerogative power of the executive police and no court would have the power to direct the arrest or not to arrest any person on accusation of any offence, it was submitted.
Dayanidhi said he was being politically victimised as he happened to be the son of a Central Cabinet Minister and grandson of the DMK president (M Karunanidhi).
The Assistant Public Prosecutor, however, said having been denied advance bail, Dayanidhi should surrender before court or police. He could not abscond as the case filed against him was of serious nature, APP S Selvasundari said.
Dayanidhi, for whom a special police team is on the lookout, and nine others are facing charges that companies owned by them mined sand and granite without permission.
Police have charged Dayanidhi and Nagarajan, partners in Olympus Granites Pvt Ltd, with encroaching on government land and taking away large quantity of granite illegally without quarrying in the permitted area.
Police had also demanded issue of arrest warrant against Senthil Kumar and Suresh Kumar of PRP exports.
Judicial Magistrate V Jayakumar posted the case for hearing on October 15.
Government cracked down on the firms after former Madurai collector U Sahayam in a report, estimated the losses incurred from illegal granite mining at around Rs 16,000 crore.
The Madras High Court bench here had on September 25 rejected Dayanidhi`s advance bail plea in the case.
PTI
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.
Cookies Setting
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device and the processing of information obtained via those cookies (including about your preferences, device and online activity) by us and our commercial partners to enhance site navigation, personalise ads, analyze site usage, and assist in our marketing efforts. More information can be found in our Cookies and Privacy Policy. You can amend your cookie settings to reject non-essential cookies by clicking Cookie Settings below.
Manage Consent Preferences
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work or you may not be able to login.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we may not know when you have visited our site, and may not be able to monitor its performance.