SC to hear Tamil Nadu freebie case September 16

CHENNAI/NEW DELHI: 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 September 15 with the Supreme Court Friday

fixing the next hearing of the case against the schemes to September 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 September 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 September 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 September 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.