TTV gets a week to reply in AIADMK flag case

When the suit came up for hearing before Justice CV Karthikeyan on Tuesday, senior counsel P S Raman appearing on behalf of Dinakaran, informed the court that though the counter affidavit was ready, his client could not sign it as he was attending the funeral of M Natarajan, husband of jailed AIADMK leader VK Sasikala. Based on the submission, the judge on granting time to file the counter, posted the case to March 27 for further hearing. 

The CM had submitted that as per rules and regulation governing the AIADMK, the party has been using the combination of three colours — black, white and red — with the bust of C N Annadurai superimposed in the middle of the flag with his forefinger pointing to the opposite direction of the flagpole. The flag has remained the same since its inception by former CM M G Ramachandran in 1972. 

Also, noting that the three colours had become synonymous with the party and its members, he further submitted that the colours black, red and white by themselves have no significance. But by consistent use of the same in the party’s activities over the decades has given the combination an association with the party and its activities, as well as goodwill among the people and voters, he said. 

Contending that permitting Dinakaran to use the red, black and white combination in his party flag would cause confusion among people, Palaniswami said Dinakaran, an erstwhile member of the AIADMK, was expelled by eternal general secretary J Jayalalithaa by an order on December 19, 2011 and was never been re-inducted into the party till her lifetime. 

Stating that only Sasikala re-inducted TTV after the demise of Jayalalithaa, the petitioner said the Election Commission of India had on November 23, 2017, held that the party headed by TTV is not the original AIADMK and the Delhi High Court, where it was challenged, has not granted any stay on the ECI’s order. The suit also urged the court to direct Dinakaran to pay Rs. 25.01 lakh as damages for affecting the party’s goodwill by using a deceptively similar flag.