The Madras High Court today dismissed a plea for a direction to the state government to include U Sagayam, IAS, and also a member nominated by the DMK, the main opposition party, in the inquiry commission set up to probe the death of former chief minister Jayalalithaa.
The First Bench, comprising Chief Justice Indira Banerjee and Justice M Sundar, dubbed the PIL as publicity interest litigation and dismissed it.
The bench asked the petitioner to show the provisions of the Commission of Inquiry Act which would enable the inclusion of any member, as prayed by him, for which he said there was no such provision.
When the bench raised another query on the appointment of the one-man commission of inquiry, headed by Justice (retd) A Arumugasamy, the petitioner replied that he was not making any comment about the integrity and competence of Justice Arumugaswamy.
Referring to their order last month upholding the constitution of the inquiry commission, the bench said: "In the absence of any provision in the Act and in the light of the fact that we have already upheld the constitution of the commission on the earlier occasion, we find no ground to entertain the petition on the same set of reasons."
The bench also warned the petitioner B.Balamurugan, who is working as an Assistant Commissioner, Customs Excise and Service Tax Tribunal, while referring to his contentions with regard to then Chief Justice Sanjay Kishan Kaul by name in his affidavit.
"The averments are unfortunate and uncalled for and contumacious," it said.
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