NO ONE IS ABOVE THE LAW

An article written by R. B. Singh that was originally published in Our Leader (Allahabad edition) on September 11, 1993

    A division bench of Supreme Court of India comprising of Mr. M. N. Venkatachaliah, Chief Justice of India and Mr. Justice B. P. Jeevan Reddy directed Dr. Subramaniam Swamy, that he should move an appeal before Madras High Court against the order of the single judge staying the proceedings before the Chief Election Commissioner for disqualifying Miss Jayalalitha, the Chief Minister of Tamil Nadu. 

     The division bench also directed the High Court to dispose of the appeal to be filed by Dr. Swamy expeditiously, within a period of six weeks from the date of registration of the said appeal with the direction that the High Court should condone the delay in filing the appeal.

     The history of the dispute is that Miss Jayalalitha has shares in the Jaya publication, to which she had subscribed advertisements while holding the office of the Chief Minister of the state, as such Dr. Swamy had levelled the charge that she had violated the provisions of the Constitution of India and hence should be disqualified from continuing as an M.L.A.

     He filed a petition before Shree B. N. Singh, the Governor of Tamil Nadu to disqualify Miss Jayalalitha from holding office as M.L.A. Shree Singh the then Governor did not take any action on it for a long time. Then Dr. Swamy moved the High Court at Madras praying it to direct the Governor to take action, and refer the said petition to the Chief Election Commissioner for his action; who failed to accept the plea of Dr. Swamy, then he (Dr Swamy) moved to the Supreme Court with the prayer to direct the Governor of Tamil Nadu to refer his petition to the Chief Election Commissioner. On the date of hearing it was contended on the behalf of the Governor, that the Governor had referred the petition of Dr. Swamy to the Chief Election Commissioner and thus the matter was hushed up there.

     Miss Jayalalitha, the Chief Minister of Tamil Nadu filed a petition in Madras High Court that the Chief Election Commissioner T. N. Sehsan may be restrained from taking any action on the petition of Dr. Swamy as Dr. Swamy’s wife Mrs. Roxy Swamy is the counsel of Shree Seshan in a case and thus Dr. Swamy may be able to influence the C.E.C. Shree Seshan through his wife Mrs. Roxy Swamy.

     The said petition of Mrs. Jayalalitha was assigned to a single Judge of Madras High Court, who heard the counsels of the parties and others and restrained Shree Seshan from hearing the proceeding on the petition of Dr. Swamy.

     Against the order of the single Judge; Dr. Swamy filed the appeal before the Supreme Court which after hearing ordered him (Dr. Swamy) to file appeal before Madras High Court, directed the High Court to condone the delay and decide the said appeal within six weeks.

     Now the question arises, “Why Dr. Swamy filed appeal before the Supreme Court, when he had an opportunity of filling the special appeal before the High Court and getting redressal of his grievances” another question arises; “Whether Dr. Swamy was unaware of the provision of filing special appeal before moving the Supreme Court; “Whether it was knowingly or unknowing done”

     In my humble opinion as Dr. Swamy is not a lay man, but was a Professor in Harwad University and a Minister of Law, Justice and Company Affairs in the cabinet of Prime Minister Chandra Shekhar. It cannot be said that he was unaware of the fact of the filing of special appeal in the High Court. He had filed the appeal in the Supreme Court deliberately.

     If the Dr Swamy says that he was unaware of the said provision, it is horrible. One cannot expect that Dr Swamy, a former Law Minister would be so ignorant of the existing provisions in the laws of the land. Dr. Swamy is shinning as leader on Indian skies since the days of emergency, when he escaped from India to avoid arrest; performed the most  glamourous  task of coming to India during emergency, going to New Delhi, attending the Rajya Sabha, signing on the register, putting a question and then escaping from India, he had advocated the formation of a National Government at the centre after the resignation of Prime Minister Chandrasekhar on March 6, 1991, in which he did not succeed and the Lok Sabha was dissolved on March 13, 1991.

     Whatever, be the reasons, his going straight to the Supreme Court. Against the order of single Judge is highly deplorable.

     Everybody is very grateful to Chief Justice M. N. Venkatachallaiah and Mr. Justice B. P. Jeevan Reddy of the division bench for their order referred above. The above judgement has reflected the concern of the two judges towards the ignoring of the provisions of law and justice by top most leader of India. In ordering Dr Swamy to file appeal before Madras High Court against the order of single Judge, the two judges have shown that none is above law and ever body would have to act within the four walls of the law, however strong and mighty he might be.

     It has tried to practice and show the old dictum, that the “Law may be the King but the King cannot be the law”

     The above judgment has shown us the way for the establishment of the rule of law in the country.

     Our minister and political leader have always tried to establish the supremacy of the executive, over the legislature and over the judiciary but this dictum is wrong.