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The Madras High Court yesterday dismissed a petition filed by Bharatiya Janata Party's national secretary of the minority wing, Syed Ibrahim, and imposed cost for suppression and twisting of facts. 

Ibrahim filed the petition alleging that the police and other officers are restraining the petitioner from going for the election campaign all through the area of 95th Ward in the Coimbatore Corporation and thereby his fundamental right guaranteed under Article 21 of the Constitution is infringed. He prayed for directions to the police to refrain themselves from restricting the Ibrahim from campaigning for local body elections. Advocate General representing the state submitted that Ibrahim was entering a sensitive area of Ward No.95 and there was not only fear of disturbance of law and order, but even threat to Ibrahim. The AG further submitted that an order was issued that when Ibrahim wants to enter the sensitive area, prior information to the authorities may be given. Ibrahim failed to do so and hence a criminal case was registered, the AG submitted. However, Ibrahim rejected the submissions. Thus, the Court had ordered Ibrahim to file an affidavit sh owingno notice was ever served or tried to be served on him.

However, Ibrahim failed to do so. The High Court bench of Chief Justice Muniswar Nath Bhandari and Justice D. Bharatha Chakravarthy dismissed the petition, observing, 

"When a specific direction was given by the court to file an affidavit whether he was in receipt of the said letter or not, the petitioner deliberately did not comment on the aforesaid, rather he stated that no prohibitory order has been issued. The aforesaid shows the conduct of the petitioner to suppress the material fact from the court.."

The Court further imposed a cost of Rs.10,000 noting, 

"The costs have been imposed considering the conduct of the petitioner, as he had preferred the writ petition after suppression of facts and even thereupon he did not file a specific affidavit, as directed, rather tried to twist the facts."

Syed Ibrahim v.The Tamil Nadu State Election Commissioner & Ors.