Chennai, Oct 3 (UNI) The Dravidar Kazhagam (DK), an ally of the ruling Dravida Munnetra Kazhagam (DMK) in Tamil Nadu, today urged Chief Justice of India K G Balakrishnan not to post the case relating to 'Ram Sethu' before Justice B N Agrawal, who threatened to recommend the dismissal of the DMK Government, invoking Article 356 of the Constitution.
In a letter to the Chief Justice, a copy of which was made available to the media here, DK President K Veeramani said ''in the interest of justice, it would be appropriate that the learned judge does not hear the cases relating to the Ram Sethu or the bandh.'' He said the observations made by Justice Agrawal went against the Supreme Court order in the S R Bommai case and the provisions of the Constitution.
''Article 356 is in the realm of the powers of the President and Parliament. The Supreme Court cannot advise the President to act, because the aggrieved State Government would approach the Supreme Court for redressal,'' Mr Veeramani said.
Mr Veeramani said the apex court also could not compel, recommend or suggest to the President that action should be taken under Article 356 of the Constitution. ''The observations made by Justice Agrawal amounts to an attempt to interfere in the powers and function of the Centre and the President.'' He brought to the notice of the Chief Justice that the bandh proposal was mooted and announced by the DMK-led DPA. The Tamil Nadu Government had no role in it and in fact, the Government was functioning on that particular day (October one), he said.