The Anna Dravida Munnetra Kazhagam (ADMK)

The ADMK, also known as the All-India Anna Dravida Munnetra Kazhagam (AIADMK), was formed in 1972 when it broke off from the Dravida Munnetra Kazhagam (DMK) (Europa World Year Book 2002 2002, 1977; Political Parties of the World 2002, 243; UK Apr. 2003). Since 1977, it has been "one of the dominant regional parties in Tamil Nadu state" (southern India) holding power there from 1977 to 1989 and from 1991 to 1996 (Political Parties of the World 2002, 243); it was re-elected on 14 May 2001 (The Tribune 14 May 2001; Political Parties of the World 2002, 243). The DMK, its "principal regional rival," held power in the interim (ibid.).

According to The Tribune, the ADMK enjoyed a victory landslide in the May 2001 assembly elections held in three states and a union territory (14 May 2001).

ADMK's leader is Jayaram Jayalalitha (ibid.; Europa World Year Book 2002 2002, 1977; Political Parties of the World 2002, 243; BBC 14 Apr. 1999; ibid. 2 Mar. 2002), a former actress (ibid.; BBC 14 Apr. 1999; Political Parties of the World 2002, 243). Jayalalitha was chief minister of the state from 1991 to 1996 and was sworn in again on 14 May 2001 (India Abroad 18 May 2001). But corruption charges kept her from standing for the assembly election, and, without a seat, she was forced to step down in September (BBC 2 Mar. 2002). In March 2002, she was again sworn in as chief minister of Tamil Nadu for a third term after winning a by-election (ibid.). According to an editorial in the Calcutta-based, English daily The Telegraph, the basis of Jayalalitha's "politics" is to "[s]tay in power and get the enemies" (3 July 2001).

After holding power from 1991 to 1996, the ADMK lost the 1996 state election to the DMK after allegations of corruption were levelled against Jayalalitha (The Economist 7 July 2001). She was convicted in February 2001 and served two months of a one-year jail sentence (BBC 2 Mar. 2002). Her conviction prevented Jayalalitha from seeking to become a member of the legislature in the May 2001 assembly elections (The Daily Star 21 Dec. 2001). This did not prevent her from becoming chief minister when her party won the majority of the seats in the election (ibid.). However, the matter eventually went to the Supreme Court, which ruled that she could not continue as the chief minister because she had a corruption conviction (ibid.). Although she stepped down from the post in September 2001 (BBC 2 Mar. 2002), she appealed the conviction, "claiming the judges were politically biased" (The Economist 7 July 2001), and, in December 2001, was cleared of the Lower Court's corruption convictions by the Madras High Court (The Daily Star 21 Dec. 2001). In March 2002, Jayalalitha was sworn in as chief minister once again to begin her third term in office (BBC 2 Mar. 2002).

The Dravida Munnetra Kazhagam (DMK)

Founded in 1949 (The Statesman 10 June 2003; UK Apr. 2003; Political Parties of the World 2002, 245), the DMK is "[a] Tamil nationalist party [that] urges full autonomy for the state of Tamil Nadu within the Indian Union and opposes the retention of Hindi as an official language" (ibid.). In 1977, the DMK lost power to the ADMK, but regained it from 1989 to 1991 and then again from 1996 to May 2001 (ibid.). After being swept out of power in the May 2001 state elections, the DMK became the main opposition party in Tamil Nadu (ibid.). And, as of August 2001, the DMK held nine seats in the Indian parliament (ibid.).

DMK's leader is Muthuvel Karunanidhi (ibid.; UK Apr. 2003; The Statesman 10 June 2003), and has been since 1969 (ibid.). According to The Statesman, "[u]nder Karunanidhi's leadership, the DMK has become a family concern" (ibid.). Karunanidhi tried to promote one of his sons, MK Mathu, but Mathu crossed over to the ADMK (ibid.). He has been grooming another son, MK Stalin (currently the senior deputy general secretary of the DMK), to take over as leader, but a third son, Azhagiri, also wants to rule (ibid.).

In order to keep the brothers from fighting each other, the state [Tamil Nadu] was carved into two. Madurai and the districts south of it were entrusted to Azhagiri. Poaching into Azhagiri's territory by supporters of Stalin led to frequent clashes, leading to the recent murder of the former DMK minister and strong man of Sivaganga district, Tha Kiruttinan. ... Azhagiri [was arrested] for allegedly conspiring to murder Kiruttinan. ... Azhagiri had carved out a fiefdom in southern Tamil Nadu through his politics of intimidation and kangaroo courts (ibid.).

In the opinion of The Statesman, this "excessive in-breeding has left the DMK bereft of fresh thinking and new strategies to cope with the aggressive entrenchment of the AIADMK under the dynamic Jayalalitha" (ibid.). The newspaper goes on to state that because Jayalalitha "has no immediate family to pass on her political mandate ... she can draw on the best talent available to fill key positions" (ibid.).

For additional information on the leadership and membership of the DMK, please see the attached news report from The Statesman entitled "DMK at Crossroads. Family Above Party, the Preferred Option."

Relationship Between the ADMK and the DMK

The ADMK is a "breakaway" faction of the Dravida Munnetra Kazhagam (DMK) (Europa World Year Book 2002 2002, 1977; Political Parties of the World 2002, 243; UK Apr. 2003; The Statesman 10 June 2003). It has been referred to as "the ultimate political rival" of the DMK (ibid.), as a "rival regional party" of the DMK (The Economist 7 July 2001) and as the "rival" party of the DMK (Political Parties of the World 2002, 243; The Hindu 22 Apr. 2003; The Tribune 1 July 2001; AFP 30 June 2001).

According to a recent article in The Economic Times, Jayalalitha complained that whenever she responded to questions in the Tamil Nadu House of Assembly, "the opposition benches were empty" (10 Apr. 2003).

The Police: Links to the ADMK and Treatment of the DMK and Its Members

According to Frontline, a bi-weekly national m agazine from the publishers of The Hindu, in June 2001, just a month after returning to power in Tamil Nadu, the ADMK government arrested "several political foes" while Jayalalitha removed three ministers from office "less than a month after they were appointed, and reshuffled portfolios" (23 June-6 July 2001). In addition, Jayalalitha launched "[a] major overhaul of the government machinery involving the transfer of about 75 Indian Administrative Service (IAS) and about 80 Indian Police Service officers ..." (Frontline 23 June-6 July 2001). For detailed information, including the names and positions of persons transferred or removed and the suspected rationale for such an overhaul of the police force, please see the attached excerpt from the Frontline article entitled "Strong Leader."

On 30 June 2001, the leader of the DMK and former Tamil Nadu chief minister, Muthuvel Karunanidhi, was "woken up shortly after midnight ... by the police who roughed him up before arresting him" on charges of corruption (The Tribune 1 July 2001). According to one news report, "[t]elevision stations constantly replayed shots of Mr. Karunanidhi crying out in pain and anger, and of one of his colleagues being reduced to his underwear in the scuffle" (The Economist 7 July 2001). The corruption charges "relate to the construction of 10 flyovers [bridges carrying one road or railway line over another] in Madras during his [Karunanidhi's] term in office" (AFP 2 July 2001). The arrest, which was ordered by Jayalalitha (BBC 1 July 2001), was viewed as a retaliatory action for her arrest in 1996 on corruption charges (The Tribune 1 July 2001; AFP 30 June 2001) and as a political vendetta (AFP 4 July 2001; The Hindu 5 July 2001).

Stalin, Karunanidhi's son and the prime accused in the corruption case, surrendered before a judge while nine others "were taken into custody by the police in a pre-dawn swoop in the first major offensive by the AIADMK government against its principal rival DMK" (The Tribune 1 July 2001).

In response to Karunanidhi's arrest, street protests immediately broke out, leading to the arrest of "'[a]ll the district [DMK] office-bearers and important party functionaries'" (AFP 30 June 2001). Two days later, at a protest rally held at a park in central Madras, 500 activists were taken into custody (ibid. 2 July 2001). In addition,

Police baton-charged some DMK activists who stoned two buses outside [Madras'] central prison ... while attempts to set a bus on fire outside the High Court were quickly broken up.

Up to 10,000 people have been taken into "preventive custody" across Tamil Nadu since Saturday [the day Karunanidhi was arrested] (ibid.).

According to Country Reports 2002, 23,000 opposition party leaders and workers, "mostly" from the DMK party, were placed into "preventive detention" for four days (31 Mar. 2003, Sec. 1d). For additional information, please refer to Section 1d of Country Reports on Human Rights Practices for 2002.

The day following Karunanidhi's arrest, the Indian government dismissed the governor of the southern state of Tamil Nadu, Fathima Beevi, for issuing a letter approving the police behaviour exhibited during the arrest of Karunanidhi and thereby failing to "safeguard the constitution in Tamil Nadu" (BBC 1 July 2001). The Indian government was also said to be stunned after it learned that two of its cabinet ministers had been arrested "for obstruction" when they went to Madras to intervene on the matter of the arrest of Karunanidhi (BBC 1 July 2001). However, Jayalalitha withdrew the charges against them shortly thereafter (The Economist 7 July 2001).

On 4 July 2001, "after receiving a stern reprimand from New Delhi," Jayalalitha ordered the release of Karunanidhi on "'humanitarian grounds'" (AFP 4 July 2001).

Also on 4 July 2001, at a hearing of a habeas corpus petition of a DMK advocate, M. Kanagaraj, who had been denied a visit with Karunanidhi while he was detained by prison authorities, the Madras High Court Judge said that the Jayalalitha government has taken

"major policy decisions which smack of political vendetta by ordering arrest and detention of her political rivals and bureaucrats."

...

"It would be better if the powers-that-be realized that they were given the mandate only to look after the welfare of the people and not to take revenge on political adversaries. In a democracy, there is no place for political vendetta" (The Hindu 5 July 2001).

In August 2001, a rally called by the DMK to protest the arrest of Karunanidhi resulted in the death of six people and the injury of 100 (BBC 13 Aug. 2001). According to the BBC,

The rally grew in numbers and as the crowd approached the police HQ [headquarters] in Madras, some people started throwing stones and other missiles.

The police responded with a baton charge, running at the crowd wielding bamboo sticks or lathis.

...

Police also used water cannon and teargas to try to bring the situation under control ... .

As the violence grew worse, eyewitnesses say the police opened fire on the crowd (ibid.).

Jayalalitha had set up a commission of inquiry, headed by a retired judge following the incident (ibid.), but the Research Directorate was not able to locate the findings of this inquiry among the sources consulted.

During the Chennai municipal elections in October 2001, "[v]iolence and terror-tactics by thugs reigned at many places" (The Hindu 19 Oct. 2001). According to The Hindu,

... those indulging in the violence were supporters of the ruling AIADMK, and they moved freely in polling stations threatening agents and anybody who opposed them. Many residents said they cast bogus votes.

...

At Nehru Government Boys School, Jaigopal Garodia Vidyalaya, Modern School, the police were hardly a match for the local AIADMK supporters. These personnel remained mute spectators at the booths as thugs went about intimidating the voters (ibid.).

According to an independent candidate of 152 ward, Vanaja Krishnamurthy, "'an armed group entered the counting hall and took control of the proceedings'," and

"[v]otes polled [at Anna University] by candidates other than the AIADMK were deliberately invalidated [by them] by using an inkpad and fingerprinting on the ballot papers. Repeated pleas to the presiding officer and the police evoked no response" (The Hindu 23 Oct. 2001).

In January 2003, a son of the former DMK minister, Ko Si Mani, and two others were arrested "on charges of kidnapping a private company official and two others to prevent them from submitting tender documents [to] the TWAD Board office" in relation to a Vedaranyam water scheme (ibid. 11 Jan. 2003). Although the three who were arrested indicated that they had not been harassed by the police, Mani did state that the charges were "a measure of political vindictiveness" on the part of the ADMK government, and that this was a "closed case [that] was dug up with an ulterior motive of sullying his and the DMK's image" (ibid.).

In February 2003, a DMK member of the legislative assembly (MLA) was arrested a day after he allegedly threatened to kill D. Kumaradoss, a Tamil Maanila Kamaraj Congress MLA and Jayalalitha supporter, when he criticized the DMK (India Today 17 Feb. 2003). The opposition was united in condemning the arrest (ibid.).

In April 2003, Karunanidhi's son, Stalin, was arrested for trespassing at Queen Mary's Women College in Chennai (BBC 10 Apr. 2003). Stalin was there to offer support of the DMK to students who were protesting the government's plans to demolish the one hundred year old college to "make way for a new secretariat building" (ibid.). The arresting officers stated that the principal of the college, who took office six days prior to the arrest and replaced the former principal who had supported the students, filed the complaint of trespass against Stalin (ibid.). According to Stalin's supporters, his arrest is "politically motivated" since "the college is a public place and there is no ban on entry into it and his [Stalin's] visit was a peaceful one with no improper incidents taking place" (ibid.).

The next day, DMK leaders and legislators were arrested for staging their own protest of the plans to demolish Queen Mary's College, after they allegedly "crashed" the gate leading into the college premises and "instigated the students to take part in the agitation" (The Hindu 11 Apr. 2003). A complaint made by the college principal was referred to the Speaker of the House, who then directed the arrest of these individuals (ibid.).

On 12 April 2003, police arrested 18 DMK activists at Erode for allegedly setting a state-owned bus on fire to protest Stalin's arrest (The Press Trust of India 12 Apr. 2003). The activists had asked all persons on the bus to get off before setting it ablaze (ibid.). That same day, 50 DMK volunteers were arrested in Dindigul "for allegedly burning the effigy and portrait of ... Jayalalitha in the city outskirts," while "[a]nother batch of 50 DMK volunteers in the city were arrested for blocking the road traffic, demanding the release of Stalin" (ibid.).

In an April 2003 article, The Hindu made reference to alleged "'midnight arrests'" of DMK leaders by the police, but no additional information was provided (19 Apr. 2003).

On 20 May 2003, a former minister in Tamil Nadu and leader of the DMK, D. Kiruttinan, was killed while taking an early morning walk (AFP 20 May 2003). According to Agence France Presse (AFP),

... unconfirmed reports [stated that] the killing came amid a fierce power struggle between DMK president M. Karunanidhi's two sons.

Kiruttinan, 66, was apparently close to Karunanidhi's son M.K. Stalin whose main rival is his brother M.K. Azhagiri.

...

The murder came barely two days before DMK's organisational elections in Kiruttinan's native Sivaganga district, where he was running for a second term for the post of party district secretary and was pitted against a nominee of Azhagiri (ibid.).

The following day, M. K. Azhagiri was arrested while 18 other DMK men were taken into "preventive custody" (The Press Trust of India 21 May 2003), despite the denial by party leaders that the murder was due to an intra-party feud (AFP 20 May 2003). In Azhagiri's defence, Stalin stated that

"[e]ver since the AIADMK Government has come to power, it has been indulging in targeting the DMK. Mr. Azhagiri's arrest is one more instance of this."

...

... There was no attempt to conduct an impartial investigation ... (The Hindu 23 May 2003).

Also in Azhagiri's defense, his father, Karunanidhi, stated that the AIADMK government in Tamil Nadu was instigating police to

"fabricate a case and falsely accuse" his son M K Azhagiri in the murder of senior DMK leader T Kiruttinan, "solely with a view to bringing disrepute to the DMK and create a split among DMK cadres."

...

"The false implication of Azhagiri is one more incident of gross misuse of power by [the] ruling AIADMK against political opponents, which started with his arrest (Karunanidhi) in June 2001 followed by unwanted raids at the residences of former DMK ministers and the recent arrest of M K Stalin for consoling students of Queen Mary's College," he said.

He said Kiruttinan was brutally murdered by unknown persons, but Tamil Nadu police, without making any genuine effort to apprehend the real culprits, foisted the case on Azhagiri, and arrested him within 24 hours of the murder (The Press Trust of India 24 May 2003).

During the preliminary investigation, a special team attached to the city police claimed to have "'clinching'" evidence in the case of the murder of Kiruttinan (The Hindu 30 May 2003). According to The Hindu,

Six persons, including Mr. Azhagiri and the former Aavin (Madurai and Theni districts) Chairman, P. M. Mannan, were arrested for "conspiring" and "executing" the killing. Vehicles and weapons used for the commission of the offence, besides some documentary evidence substantiating the conspiracy theory, were also seized, the police said (ibid.).

For additional information on the investigation of the murder of Kiruttinan, please refer to the attached newspaper articles from The Hindu entitled "Police Seek Custodial Interrogation of Azhagiri" and from The Statesman entitled "4 Arrested Over DMK Murder."

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Agence France Presse (AFP). 20 May 2003. "Former Minister Hacked to Death in India." (NEXIS)

_____. 4 July 2001. "Tamil Nadu Chief Minister Releases Arrested Rival." (NEXIS)

_____. 2 July 2001. Bhagwan Singh. "Stray Violence Marks Strike in India's Restive Tamil Nadu." (NEXIS)

_____. 30 June 2001. "Thousands Arrested in Southern Indian Tamil Nadu State: Party." (NEXIS)

BBC. 10 April 2003. Sampath Kumar. "High Profile Arrest in Madras Row." http://news.bbc.co.uk/1/hi/world/south_asia/2935255.stm [Accessed 9 July 2003]

_____. 2 March 2002. "Jayalalitha Returns to Power." http://news.bbc.co.uk/2/hi/south_asia/1850717.stm [Accessed 9 July 2003]

_____. 13 August 2001. "Tension High After Madras Deaths." http://news.bbc.co.uk/2/hi/south_asia/148820.stm [Accessed 9 July 2003]

_____. 1 July 2001. "Tamil Nadu Crisis Reaches Delhi." http://news.bbc.co.uk/2/hi/south_asia/1416789.stm [Accessed 9 July 2003]

_____. 14 April 1999. "Jayalalitha: Actress-Turned-Politician." http://news.bbc.co.uk/2/hi/south_asia/318912.stm [Accessed 9 July 2003]

Country Reports on Human Rights Practices for 2002. 31 March 2003. United States Department of State. Washington, DC. http://www.state.gov/g/drl/rls/hrrpt/2002/19311.htm [Accessed 9 July 2003]

The Daily Star [Dakha]. 21 December 2001. Zaglul Ahmed Chowdhury. "Jayalalitha's Return: The Verdict of the Madras High Court Clearing..." (NEXIS)

The Economic Times [New Delhi]. 10 April 2003. Swati Das. "Jaya Orders Probe into 'Deal' Over Raj." (Global News Wire/NEXIS)

The Economist [London]. 7 July 2001. "Arresting Times." (NEXIS)

Europa World Year Book 2002. 2002. Vol. 1. 43rd ed. "India." London: Europa Publications.

Frontline [Chennai]. 23 June - 6 July 2001. Vol. 18, No. 13. T. S. Subramanian. "Strong Leader." http://www.hinduonnet.com/fline/fl1813/18130320.htm [Accessed 9 July 2003]

The Hindu [Chennai]. 30 May 2003. S. Vijay Kumar. "Police Seek Custodial Interrogation of Azhagiri." (Global News Wire - Asia Africa Intelligence Wire/NEXIS)

_____. 23 May 2003. R. K. Radhakrishnan. "Stalin Toes Party Line." (Global News Wire - Asia Africa Intelligence Wire/NEXIS)

_____. 22 April 2003. J. Venkatesan. "DMK Has Misled Court: Jayalalithaa." (Global News Wire - Asia Africa Intelligence Wire/NEXIS)

_____. 19 April 2003. "Review Panel Report Soon." (Global News Wire - Asia Africa Intelligence Wire/NEXIS)

_____. 11 April 2003. "QMC Issue: Walkout in RS." (Global News Wire - Asia Africa Intelligence Wire/NEXIS)

_____. 11 January 2003. "Judicial Custody for Anbazhagan." (Global News Wire - Asia Africa Intelligence Wire/NEXIS)

_____. 23 October 2001. S. Shivakumar. "India: Intimidation of Officials Marks Counting." (Global News Wire/NEXIS)

_____. 19 October 2001. S. Shivakumar and S. Shanker. "India: Violent Incidents in Suburbs." (Global News Wire/NEXIS)

_____. 5 July 2001. A. Subramani. "India: High Court Judge Raps Tamil Nadu Govt." (Global News Wire/NEXIS)

India Abroad [New York, Online edition]. 18 May 2001. M. R. Narayan Swamy. "Opposition Stuns with Its Performance in State Elections." (NEXIS)

India Today [New Delhi]. 17 February 2003. Ramesh Vinayak and Arun Ram. "Controversy." (Global News Wire - Asia Africa Intelligence Wire/NEXIS)

Political Parties of the World. 2002. 5th ed. Edited by Alan J. Day. "India." London: John Harper Publishing.

The Press Trust of India. 24 May 2003. "Karuna." (NEXIS)

_____. 21 May 2003. "Kiruttinan - Arrest." (NEXIS)

_____. 12 April 2003. "Stalin - Bus." (NEXIS)

The Statesman [New Delhi]. 10 June 2003. "DMK at Crossroads. Family Above Party, The Preferred Option." (Global News Wire/NEXIS)

The Telegraph [Calcutta]. 3 July 2001. "Indian Daily Denounces Trend of Politics in Tamil Nadu." (FBIS-NES-2001-0704 7 July 2001/Dialog)

The Tribune [Chandigarh]. 1 July 2001. "Karunanidhi Held in Pre-Dawn Swoop, Son Surrenders; PM Seeks Report." (NEXIS)

_____. 14 May 2001. "AIADMK, Cong, Left Front Back in Power Jaya Rides Victory Crest." (NEXIS)

United Kingdom (UK). April 2003. Immigration and Nationality Directorate, Home Office. "India Assessment." Country Assessment. http://www.ind.homeoffice.gov.uk/default.asp?PageId=497 [Accessed 9 July 2003]

Additional Sources Consulted

Countries of the World and Their Leaders 2003

IRB Databases

Internet sites, including:

Anna Dravida Munnetra Kazhagam (ADMK) (dead link)

Amnesty International

The Dravida Munnetra Kazhagam (DMK)

European Country of Origin Information Network

Human Rights Watch

Relief Web

Search engine:

Google

Attachments

Frontline [Chennai]. 23 June - 6 July 2001. Vol. 18, No. 13. T. S. Subramanian. "Strong Leader." http://www.hinduonnet.com/fline/fl1813/18130320.htm [Accessed 9 July 2003]

The Hindu [Chennai]. 30 May 2003. S. Vijay Kumar. "Police Seek Custodial Interrogation of Azhagiri." (Global News Wire - Asia Africa Intelligence Wire/NEXIS)

The Statesman [New Delhi]. 10 June 2003. "DMK at Crossroads. Family Above Party, The Preferred Option." (Global News Wire/NEXIS)

_____. 29 May 2003. "4 Arrested Over DMK Murder." (Global News Wire/NEXIS)