HC dismisses objection plea against the Inquiry Commission to probe Jaya's death

HC dismisses objection plea against the Inquiry Commission to probe Jaya's death
The Madras high court on Wednesday dismissed an objection petition against the constitution of inquiry commission led by a retired judge to probe former chief minister J Jayalalithaa's death.
 
When the case came up for hearing before the first bench comprising Chief Justice Indira Banerjee and Justice M Sundar, the petitioner P A Joseph contended that inquiry commission should be constituted only after passing a unanimous resolution in the State Assembly.
 
"The present impugned government's order is illegal and passed in a mechanical manner without following the mandatory procedure as contemplated under section 3 of Commission of Inquiry Act, 1952", petitioner's counsel E Vijay Anand argued.
 
"In the present case considering the fact that the entire state government machinery was involved in the entire episode of hospitalisation, treatment, the death of former chief minister Jayalalithaa it would be proper that the Centre should step in and constitute an independent inquiry commission", he said.
 
The advocate also said by constituting a commission, the State took away the Centre's right to appoint an independent commission headed by retired Supreme Court judge to investigate into Jayalalithaa's death.
 
However, government's counter affidavit claimed that there was no need for the Centre to constitute such commission.
 
After hearing the contentions of both sides, Judges refused to agree on the contentions of the petitioner and dismissed the petition.

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