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Supreme Court to hear Tamil Nadu's free TV case Friday

Chennai, July 28 (IANS) The Supreme Court Friday is likely to hear the case related to free colour television (CTV) distribution scheme of the Tamil Nadu government.


City based advocate S. Subramaniam Balaji moved the apex court against the previous DMK government's free CTV scheme, terming poll promises as "unconstitutional and bribery".

Speaking to IANS over phone from New Delhi, Balaji said: "Hearing in the case has been slated for tomorrow (Friday). It could be the final hearing in the case."

Though the AIADMK government led by J. Jayalalithaa has already scrapped the DMK government's free CTV scheme, it will have no effect on his plea challenging the constitutional validity of the scheme, Balaji said.

"The question of law still remains to be answered," he added.

Legal experts said the court's stand on the plea would not only decide issues linked to the CTV scheme but also the future of freebies announced by Jayalalithaa after coming to power.

The advocate filed the appeal December 2007 after his plea against the scheme was dismissed by the Madras High Court.

"Poll promises are unconstitutional and bribery, amounting to corrupt practice under the Representation of the 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 Comptroller and Auditor General (CAG) was the guardian of the exchequer and had enough power to stop the government orders permitting freebies.

Balaji has already filed a case in the Madras High Court against the freebies (laptops, mixers, grinders, rice, cattle, fan and others) announced by the AIADMK government.

On July 21, the high court issued notice to Tamil Nadu government giving two weeks' time to respond to the petition.

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