HC admits plea on Jaya death probe panel

The Madras High Court on Tuesday agreed to hear an objection plea on forming a one-man commission headed by a retired judge to probe the death of the late chief minister Jayalalithaa.

Advocate Vijayan raised the issue during the proceedings of the first bench comprising Chief Justice Indira Banerjee and Justice M Sundar. Vijayan, who represented petitioner Joseph, said the inquiry commission should be constituted only after passing a unanimous resolution in the Tamil Nadu Assembly.

“The present impugned government’s order are illegal and passed in a mechanical manner without following the mandatory procedure as contemplated under Section 3 of the Commission of Inquiry Act, 1952,” the petitioner  said.

Given the involvement of the entire state machinery in Jayalalithaa’s hospitalisation and treatment, the petitioner further argued that only an independent commission by the central government would be appropriate to probe the late chief minister’s death.

Pleading the court’s urgent consideration of the petition, the counsel said the inquiry commission of this nature should not be headed by a retired high court judge, but a retired Supreme Court judge.

However, the court said a petition should be filed properly so that it could be taken on Wednesday. Amid the Opposition’s demand to set up an inquiry commission to clear the “mystery” over Jayalalithaa’s death, the Tamil Nadu government constituted a panel headed by former Madras High Court judge Justice A Arumughaswamy and asked the commission to submit its report in three month’s.

The Opposition DMK has also filed a contempt of court case against the state Election Commission for failing to notify local body elections on September 18, as ordered by the court.