During Emergency, DMK members were detained on vague grounds ‘against the spirit’ of MISA provisions: Shah Commission

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Prime Minister Indira Gandhi being greeted by Tamil Nadu Chief Minister M. Karunanidhi on her arrival at Madras airport on September 9, 1974. | Photo Credit: The Hindu Archives

The Shah Commission of Inquiry, set up by the Union Government to probe excesses committed across India during the Emergency (June 25, 1975 to March 21, 1977), found the DMK a striking victim of the abuse of Maintenance of Internal Security Act (MISA) in Tamil Nadu after the M. Karunanidhi Government was dismissed on January 31, 1976, and President’s Rule was imposed.

In its third and final report, the Commission headed by Justice J.C. Shah, retired Chief Justice of India, said: “From the above, it would appear that even though there were no specific instructions in writing from the State Government, the District authorities went about using MISA extensively against the members of DMK in particular and others allegedly having associations with this party, simply by furnishing vague and general grounds in a stereotyped manner. This was clearly against the spirit of the provisions of the MISA.”

In Tamil Nadu, 1,027 persons were detained under the MISA of whom 570 belonged to opposition political parties, 139 were from banned organisations and 318 were described as anti-socials, criminals and others.

Amongst the political detenus, the largest number (419) was of members and associates of the DMK while amongst the banned organisation the CPl-ML topped the list with 72 detentions followed by RSS (47). Thus detentions of persons far outnumbered those detained on the ground of being criminals and anti-socials.

The Commission pointed out at the time of proclamation of emergency, Tamil Nadu was under the DMK rule and the DMK government continued in office till the proclamation of President’s Rule in the State on January 31, 1976.

(From left) Union Finance Minister C. Subramaniam, Governor of Tamil Nadu K.K. Shah, Prime Minister of India Indira Gandhi, Tamil Nadu Chief Minister, Mr. M. Karunanidhi, and V.R. Nedunchezhian in Chromepet, on February 22, 1975. | Photo Credit: The Hindu Archives

“During this period barring the detention of one AIADMK member, there were no detentions under MISA of persons belonging to political parties. MISA was used only against 45 persons belonging to the banned organisations and 212 anti-socials and criminals. The spate of detentions of political persons started immediately after the imposition of President’s rule in the State and the erstwhile ruling party, i.e., the DMK, had to bear the brunt of MISA onslaught followed by Dravid Kazhagam (35),” it said.

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According to the Commission, it was seen that District Magistrates used to send a general report in each case attaching a copy of the detention order and declaration issued under Section 16A(3) and grounds of detention to the State Government.

“In a number of cases, it was found that District Magistrates did not send any other document or material in addition to the above and even the copy of report of SP containing the grounds of detention was not sent to the State Government. The grounds of detention were briefly given by the District Magistrates themselves in which only a reference was made that a report had been received from the SP,” the Commission observed in its report.

In a majority of cases relating to members of political parties, particularly the DMK, the scrutiny of files revealed a set pattern concerning the grounds of detention. The Commission noted that the grounds mentioned in these cases were vague and in general terms without indicating any specific activity or fact to denote any prejudicial activity on the part of the person concerned.

“It was stated that the person was an active worker or associate or sympathiser of a particular party and had rowdy elements at his command. He wielded considerable influence in his locality and after the fall of the DMK Ministry he was active in contacting his party cadre and was likely to indulge in prejudicial acts. But no specific activity either present or past was mentioned in the grounds to substantiate the general allegations,” the Shah Commission report said.

In several cases, it was also mentioned that the detenu was critical of the Emergency and the President’s rule. “It was interesting to note that in a majority of cases of persons belonging to DMK and DK the detenu was referred to as a rowdy and having rowdy elements at his command, even though no incident or offence was cited against him in support of this assertion,” it added.

In many cases, the grounds of detention mentioned that the detenu had been making anti-Government or cessationist speeches “but no place, time and date of the alleged speeches was given”. Significantly, no copy of police report or any other supporting document was sent by the District Magistrate to the Government.

Another general ground mentioned in the cases of many detenus belonging to the DMK was that they had been interfering in the District administration and had amassed wealth by questionable means. “But no evidence of the above activity was produced,” the Commission said.

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