Chennai:
Dravida Munnetra Kazhagam (DMK) today issued legal notices to the local police chief and an inspector, warning of moving the court if they failed to register a case against some AIADMK leaders for alleged violation of model code of conduct in the Yercaud (ST) by-poll.
Advocate I Paranthamen sent the notice to Salem SP and Vazhappadi Inspector on behalf of DMK district secretary in-charge S R Sivalingam over police not registering a case against senior AIADMK leaders, including state Minister Edappadi K Palanisamy and Salem MP Semmalai.
The complaint by Sivalingam contends that the leaders had violated the model code of conduct over the use of number of vehicles and went in cars beyond permitted limit.
Despite the complaint to the Vazhappadi station inspector on October 30 naming persons who committed the alleged violations, no FIR had been registered, DMK said.
The notice said according to the Criminal Procedure Code, registration of FIR was mandatory, that too, when the information discloses commission of a cognizable offence.
It said the Supreme Court had recently held that action must be taken against erring officers who do not register the FIR. Since the present case was not coming within the list of cases requiring preliminary inquiry, an FIR has to be registered without any further delay, it said.
"Otherwise, our clients would be constrained to approach the court of law for necessary and appropriate orders in this regard, holding you liable including the consequences thereof," it said.
The notice alleged "bias" on part of the police in this issue and said DMK will initiate legal action if police failed to act within three days of receipt of the notice.
Arch rivals DMK and AIADMK are locked in a bitter battle in the December 4 Yercaud (ST) by-poll, which was necessitated following the death of sitting AIADMK MLA C Perumal. DMK's V Marana and AIADMK's P Saroja, Perumal's wife, are in the fray.
The opposition party has been accusing the Salem district administration of working in tandem with the ruling AIADMK and has sent many representations to the Election Commission of India seeking action.