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.