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STRUGGLE GROUP
Delegation :
Respected Sir
Subject: The demand for separate UT status for Karaikal and our
grievances due to neglect of our enclave by Government of
Puducherry regarding.
Our enclave had not been included in the most backward districts
identified by the Government of India.
On this occasion we urge the Home Ministry to clarify the ambiguity over the
district status of Karaikal. We urge the Union Home Ministry to include
Karaikal in the most backward district list, in order to catch up in development
with the rest of the regions/enclaves. It is unfortunate that Government of
Puducherry could have urged through proper channel and procedure to make
We now urge Union Home Ministry to depute a high level team to find
out the quantum of neglect to our region, so that Union Government will
feel justified to grant us separate UT status.
On 19th June of 2006 Karaikal Union Territory Struggle Group and Karaikal
Parents & Students Association fasted along with 1200 students demanding
hike in regional quota for admissions in medical/engineering colleges,
proportionate to the population of Karaikal enclave. Almost all media reported.
Then on 25th March 2007 KUTSG, Karaikal Parents & Students Association
jointly took out a rally reiterating this demand.
KUTSG reiterated that it is within its democratic right to criticize the demand
for scrapping an existing quota, and this snowballed into an unnecessary
controversy. All 5 legislators of Karaikal enclave irrespective of political
affiliations came out in open to support the continuance of existing quota. The
Opposition leader of DMK who in assembly wanted to scrap, changed his cap,
and thundered that he will fight against scrapping of the quota.
In this background since the Speaker’s order had raised the People’s
Freedom of Speech versus MLA’s Freedom of Speech, KUTSG wrote on 30 th
April 2010 to the Loksabha Speaker, Vice- President, and to all the Speakers
of various assemblies. Admitting the MLA’s have immunity, the right of
expression given to people could not be suppressed, the memorandum urged
the Speakers to discuss and frame guidelines for future in the next All India
Speaker’s Conference.
Hence we urge the Union Home Ministry to recommend to the Union Cabinet
to consider granting UT status to Karaikal.
Let us look back at the historical accident that brought various enclaves with
no contiguous areas into a Union Territory.
The French acquired Mahe in the 1720s, Yanam in 1731, and Karaikal in
1738. During the Anglo-French wars (1742-1763), Pondicherry changed
hands frequently. On January 16, 1761, the British captured Puducherry from
the French, but the Treaty of Paris (1763) returned the city to the French. It
was taken again by the British in 1793 amid the Wars of the French
Revolution, but once again returned to France in 1814. When the British
gained control of the whole of India in the late 1850s, they allowed the French
to retain their settlements in the country. Pondicherry, Mahe, Yanam, Karaikal
and Chandernagar remained a part of French India until 1954.
The economic neglect of our region and total insensitivity to our problems by
the leaders of the main enclave, made Karaikal Union Territory Struggle
Group write to all in the Cabinet and to the most prominent and vociferous
members of both houses of Parliament, as well as all Leaders of Parties in
Parliament, seeking their support for getting UT status for Karaikal, when
Puducherry main enclave is elevated to statehood. Here we cited the
precedent of Goa Statehood, while other enclaves of Goa obtained UT status.
This precedent Karaikal Union Territory Struggle Group wants to be applied
and Karaikal be made into separate UT. With liberal Central assistance, main
enclave of Puducherry had neglected Karaikal, and if it becomes State with
resource crunch hitting its coffers, it won’t even care to any demands from our
region. Hence we urge for separating us and making us a UT. Even after
getting UT status, the prolonged economic neglect of Goa is past, still keeps
Dadra & Nagar Haveli among the most backward regions of this country.
Karaikal too will take at least a decade to repair the damage done and to
Since Karaikal was not officially declared as District, data clubbed with
developed Puducherry will not reveal our backwardness.
Ten Western Orissa districts lag behind their counterparts of coastal districts
in core sectors with meager percentage till date. Looking at the degree of
development/ backwardness of 10 Western Orissa districts, it can be said that
out of 87 blocks only 5 blocks are developed, 25 are developing, another 25
are backward and 32 blocks are very backward, whereas in coastal districts
70 blocks are developed, 50 blocks are very backward out of total 227 blocks.
WODC was formed to upgrade the levels of development with a view to
removing regional imbalances, upgrade the relative levels of development in
different sectors in each Districts having regard to the levels of development
for the State as a whole, prepare long-term and short-term plans and
programmes for removal of developmental imbalances and formulate plans
and programme accordingly.
The Planning Commission and the United Nations (UN) have signed a Joint
Programme on Convergence to help India’s backward districts achieve the
Millennium Development Goals by better utilization. Backward Districts
For 2005-2006 after our group’s emergence in scene the total is 925 crore,
Karaikal is said to have got 144.42 crore, Mahe gets 26.45 crore and Yenam
bags 41.19 crore. For 2006-2007 in the total 1043.45 crore, Karaikal gets
153.60 crore, Mahe gets 30.89 crore, and Yenam gets 42.85 crore. In budget
estimate for 2007-2008 the figure is 1455.00 crore and Karaikal is supposed
to have got 268.54 crore but in actual it got only 177.07 crore. Mahe gets
27.72 crore, and Yenam gets 80.99 crore. So goes on statistics, as
telephonically told by our sources, which will mail you all the replies under RTI
in short time. These only indicate the urgency and need for the Union Home
Ministry to depute a high level team to probe what we got and where it went
and why an enclave faces neglect for half a century, forcing it to raise the
voice for separate UT status.
As per the information collected by our team, in between 2001 -2005 when
650 posts of Secondary Grade Teachers were filled up, Karaikal’s share was
just 16.
For the posts of LDC, out of 181 vacancies, Karaikal got only 16, whereas the
ONE constituency Thattanchavady of Former Chief Minister N.Rangasamy
bagged 46 seats.
When 54 Sub Inspectors posts were filled up Karaikal got only 2 seats. Out of
600 policemen chosen, Karaikal got only 20. Out of 182 vacancies in
Electricity Board, Karaikal was given only 19.
In December 4th 2006 when 111 Men constables were selected Puducherry
got 94, Karaikal only 5. Mahe 7 and Yenam 5.
In 22nd March 2007 when 64 women police were selected Puducherry got 53,
whereas Karaikal got 7 only and Mahe 4 and 0 to Yenam.
These are part of the story. If Union Home Ministry seeks white paper on
regional disparities shown in providing jobs, it will give clearer picture. Also
what so far had been hinted is enough to justify our demand for separate UT
status to Karaikal.
The Private Port in Karaikal and mushrooming of captive private Ports almost
every 15 kilometer one in the neighboring coast of Nagapattinam where coal
based power plants are coming up, necessitates more than normal vigilance.
The Marine Police Station that exists in Karaikal is eyewash. We urge all the
intelligence agencies converge in Karaikal and station a permanent vigil cell to
contain criminalization and its extension towards terrorism patronized by self
styled
With Regards
Yours fraternally
N.Nandhivarman
[Founded in 2005]
Hon’ble Thiru.P.Chidambaram
16.02.2010
Respected Thiru.Chidambaram
We read in papers that Hon’ble Prime Minister is going to fine tune Union
Cabinet weeding out incompetent and inefficient from the seats of power and
is planning to induct new faces, or redistribute portfolios. We were aghast at
the one constituency development agenda pursued by ousted Chief Minister
N.Rangasamy, and we wanted to liberate Puducherry UT from that rule. But
we never in our dreams thought that instead of ONE CONSTITUENCY
AGENDA TWO CONSTITUENCY agenda will sneak in robbing all
development that is meant for main enclaves of Puducherry and population
wise second enclave of Karaikal. We were demanding Statehood for
Puducherry, and following the precedent laid when Goa was elevated to
Statehood other enclaves were made into UT, we sought Union Territory
status for Karaikal.
Now we are adding two more demands. Merge Mahe enclave with UT of
Lakshadeep, let Yenam either join Telengana or Rayalaseema, when
Andra Pradesh is bi-furcated or trifurcated. Or it can be with Andaman
Nicobar UT .Though we can present you statistics to substantiate the step
motherly treatment meted out to Puducherry and Karaikal with so much
portfolios in hands of two representatives of Mahe and Yenam hijacking all
development to win their seats but to make all others loose whenever
elections are held, we are specifically placing Terrorist related incidents
necessitating Union Government granting UT status to Karaikal and directly
rule Karaikal through a Lt.Governer directed by Union Home Ministry.
Karaikal UT can yield one more Loksabha member, thereby increasing
the strength of Lok sabha where Karaikal could be heard.
We are enclosing the Junior Vikatan dated February 12 of 2010 which reports
about seizure of explosives in Karachi by the Karachi CID Superintendent of
Police Fiyaz Khan in last October 2009. The news, Junior Vikatan states had
been reported in DAWN, PAKISTHAN DAILY, with photographic evidence of
showing the NAME of the SUPPLYING FACTORY situated in Karaikal.
ASIAN TRIBUNE had also reported this, the story also tells that for entire
South East Asia, explosives had been supplied from Karaikal. The news
report states that in the bomb blast that took place in Bali Island too
explosives had come from Karaikal. Not only the Karaikal Collector Vasantha
Kumar had failed to prevent this, nor did he have the moral courage to own
his faux pas and resign on his own, the moment Pakistan dailies reported this
smuggling from the region of his control. Because of neglect by main enclave
of Puducherry we started demanding UT status for Karaikal. As a result then
Chief Minister Rangasamy, without clearance from Home Ministry had
declared Karaikal as District. Few months back Union Minister of State
Mr.V.Narayanasamy publicly stated as reported in media that he will hasten
the process to get official stamp of Union Home Ministry for the declaration of
Karaikal as District. Hence we are not sure whether our Collector is a
Collector or is like a Collector, which people ask whether he is like a
wife or concubine. The failure of Home Ministry to give approval for District
status can be condoned by granting UT status and relieving the so-called
Collector, against whom we nurse no personal grudge but place before you a
Fact File on Karaikal. First is Junior Vikatan Report which comes as
enclosure.
Not only to contain but also to weed out terrorism from Karaikal Union
Home Ministry must take over Karaikal under its direct control. Pending
decision on UT demand, immediately UNION GOVERNMENT must post
IAS and IPS officers with clean records , post Intelligence officials, and
completely end the nexus between local politicians and bureaucracy
which shields all anti social, why anti national activities in this region.
• During 1994-1995 The Coimbatore blast fame Imam Ali practiced and
perfected his terrorist activities by carrying out rehearsals living in Ammayar
Nagar of Karaikal.
• In the first week of August 2004 revolver with rounds were found under
a culvert near Karuthakudi Road opposite to SPIC in Tirunallar.
• In 2003 November end long sickle, butcher’s knife and nail enabled
concrete box was found in a house of PFI activist at Dharmapuram area of
Karaikal.
• All email or mail threats are emanating from Karaikal. These mails
purported to be sent by terrorist organizations like Lakshari Taiba, Indian
Muhajudeen, JamawoodDawa, Huji etc are rooted and routed from Karaikal.
The threat of 29.3.2008 is known to Karaikal Police Town P.S which seized
the matter. On 5 th January 2009 Air India of Chennai received a threat from
Karaikal. On 9.3.2009 when a mail claimed the seizure of bag with lethal
weapons and explosives, this frequency of threats emanating from Karaikal
came to light. Identical mails reached both Karaikal and Nagapattinam
Superintendents of Police.
This had made us to appeal to Union Government to come to our rescue and
to immediately bail us out by taking Karaikal under direct Home Ministry’s
control.
Respected Speaker
R.Anandharaman spoke in assembly that our hard won regional quota should
be abolished. They as legislators have immunity to speak in assembly. The
DMK legislator from Karaikal Region Mr.V.M.C.Sivakumar, who was a former
Speaker and Minister in Puducherry in the floor itself had refuted and said the
opinions of 2 DMK MLA’s is personal and not official line of DMK. Since our
right is going to be snatched away, Karaikal Union Territory Struggle Group
organized a Protest Demonstration in Karaikal before Collector’s office which
is 160 kilometers away from where all these MLA’s live. We put up posters
condemning the demand of these 4 MLA’s.
The AIADMK Member of the Assembly Mr.A.Anbazhgan did not follow the
procedure for dealing the question of privilege as laid down in rules. [Rules
222 to 228 and 313 to 316] It is needless to say that member’s freedom of
speech in embedded in clauses 1 and 2 of Article 105. This privilege was
granted to the members of Indian legislatures for first time under the
Montague-Chelmsford Reforms. Section 67 of the Government of India Act as
set out in the Ninth schedule to the Government of India Act 1935. Thereafter
a member of the legislature had immunity from any proceedings in any court
in respect of his speech or vote. Section 28[1] of the Government of India Act
1935. On attainment of independence section 28[1] of the Government of
India Act 1935 was adapted and remained in operation from August 15 1947
till the Constitution came into force. In the Government of India Act 1935 and
in Constitution of India the position was stated beyond doubt by using the
words “anything said or any vote given”.
In Tej Kira Jain versus N.Sanjiva Reddy: AIR.1970 SC 1573, Supreme Court
had stated “the immunity is only subject to the discipline of the rules of
Parliament, and good sense of the members and the control of proceedings
by the Speaker. The Courts have no say in the matter and should really have
For his speech he has immunity. But the question here is whether the people
of the region who are enjoying this right have the freedom of speech to
condemn the MLA for his move to snatch their quota or not. Nowhere is it said
that a speech made in assembly or Parliament if it infringes people’s right,
people have no right to protest. Even in dictatorships or martial law people will
take to streets. Thus the MLA who has immunity claiming people have no
right to assembly or no right to freedom of speech had put both into
loggerheads. Yes Peoples Right to Freedom of Speech versus MLA’s
Right to Freedom of Speech.
Quoting from above mentioned book page 295: “The question whether a
matter complained of actually is a breach or privilege or contempt of house is
The House was not left to decide, a legislator suddenly raises, instantly
Speaker orders the Police to take appropriate action. And this action of the
Speaker of the Puducherry Legislative Assembly needs to be debated in the
next Conference of All India Presiding Officers, to lay guidelines, as to
whether a mere protest performed with due police permission over an issue
raised by an MLA depriving a regions right, could fall under breach of
privilege, hence this Memorandum to the Speaker of the Lok Sabha, Vice
President of the Rajyasabha and to Speakers of all Legislative assemblies.
Quote page 295: “The Speaker before deciding whether the matter proposed
to be raised as a question of privilege requires the intervention of the House
and whether he should give his consent to the raising of the matter in the
House may give an opportunity to the person incriminated to explain his case
to the Speaker”
We were not given an opportunity to place our views. “The usual practice is to
refer the matter of complaint to the Committee of Privileges, and the House
defers its judgment until the report of the committee has been presented”
page 298.
Instant raising of matter and instant order of the Speaker to Police to initiate
appropriate action against a protest meeting conducted with due police
permission, that too not even calling for police reports about that meeting or
neither giving the organizers a chance to place their reply, jeopardizes the
peoples freedom of speech granted by Indian Constitution. The term House of
The People, indicates House is custodian of People and their rights. House
where people’s representatives get elected should not be made to take
cudgels against people themselves, making representatives immunity a shield
to deprive people of their right to expression. Without application of mind
Hon’ble Speaker had spelt out an order directing the Police against Karaikal
Union Territory Struggle Group for putting posters informing public about a
Protest Meeting on 22.4.2010 to condemn 4 MLA’s of Puducherry main
enclave demanding scrapping of the regional quota of 18 percent, students of
Karaikal enclave were enjoying since 2006.
"Everyone has the right to freedom of opinion and expression; the right
includes freedom to hold opinions without interference and to seek and
receive and impart information and ideas through any media and regardless
of frontiers" proclaims the Universal Declaration of Human Rights (1948).
The people of India declared in the Preamble of the Constitution, which they
gave unto themselves their resolve to secure to all the citizens liberty of
thought and expression. This resolve is reflected in Article 19(1) (a) which is
one of the Articles found in Part III of the Constitution, which enumerates the
Fundamental Rights. The right to freedom of speech and expression is
subject to limitations imposed under Article 19(2).Public order as a ground of
imposing restrictions was added by the Constitution (First Amendment) Act,
1951. Public order is something more than ordinary maintenance of law and
order. Public order in the present context is synonymous with public peace,
safety and tranquility. Our protest was peaceful, done with due permission
and in no way public peace was affected.
Article 19(1) (a) of Indian Constitution says that all citizens have the right to
freedom of speech and expression. Freedom of Speech and expression
means the right to express one's own convictions and opinions freely by
words of mouth, writing, printing, pictures or any other mode. It thus includes
the expression of one's idea through any communicable medium or visible
representation, such as gesture, signs, and the like. This expression connotes
also publication and thus the freedom of press is included in this category.
Free propagation of ideas is the necessary objective and this may be done on
the platform or through the press. This propagation of ideas is secured by
freedom of circulation. Liberty of circulation is essential to that freedom as the
liberty of publication. Indeed, without circulation the publication would be of
little value. The freedom of speech and expression includes liberty to
propagate not one's views only. It also includes the right to propagate or
publish the views of other people; otherwise this freedom would not include
the freedom of press.
Every citizen of this country therefore has the right to air his or their views
through the printing and or the electronic media subject of course to
permissible restrictions imposed under Article 19(2) of the Constitution.
Freedom to air one's view is the lifeline of any democratic institution and any
attempt to stifle, suffocate or gag this right would sound a death knell to
democracy and would help usher in autocracy or dictatorship. Unfortunately
the Speaker of Puducherry Assembly had established a wrong precedent by
directing the Police to take action against a Protest carried out with due police
permission and without hindrance to public in peaceful manner.
Hence in the 75 All India Conference of Presiding Officers, we urge all the
Speakers to evolve guidelines to protect the rights of people from the arbitrary
actions of some rarest or rare Speaker who had now put individual
legislator’s freedom of expression against the People’s right to free
expression.
Respected Leader
Media reports suggest that in this winter session a bill to make the
Union Territory of Puducherry into a full-fledged State is likely to be
introduced. You may be aware that Union Territory of Puducherry
was never a contiguous area. During French rule it was knit together
in spite of being enclaves separated by miles and miles. In Bengal
too French had an enclave, which too would have remained with us,
but fortunately Chandranagore merged with Bengal.
This region since its merger with Indian Union and since it became a
constituent of the Union Territory of Puducherry had received only
step motherly treatment from the main enclave of Puducherry.
Regional imbalances and continued neglect for five decades led to
the birth of separate Union Territory status for Karaikal. Such
grievances had even broken the State of Bihar into two states of
Bihar and Jharkand. Hence it is needless to tell enlightened and
eminent personality like you that to address the issue of regional
resentment territories could be granted separate status.
Now that Union Territory of Puducherry in the craze to have more
powers for political masters has advanced a demand for elevating
the UT into a State.
Goa, a tiny emerald land on the west coast of India, the 25th State
in the Union of States of India, was liberated from Portuguese rule
in 1961. It was part of Union territory of Goa, Daman & Diu
till 30 May 1987 when it was carved out to form a separate
State.