Madras HC Moved Against Inquiry Commission To Probe Jayalalithaa’s Death [Read Affidavit]

A week after the Tamil Nadu government set up an inquiry commission to probe AIADMK supremo J Jayalalithaa’s death, a petition has been moved before the Madras High Court seeking a stay on the commission and declaring it “illegal”.

The petition, moved by PA Joseph through advocate E Vijay Anand, stated that the government order constituting the commission was “illegal and passed in mechanical manner” since it has been constituted without any resolution being passed in the state Assembly.

On September 26, the Tamil Nadu government had set up an inquiry commission headed by Justice (Retd) Arumugasamy to inquire into the circumstances leading to the death of former chief minister J Jayalalithaa on December 5, 2016, 75 days after she was hospitalised.

The petitioner said the commission was constituted without a resolution being passed by the state Assembly as mandated under Section 3 of the Commission of Inquiry Act, 1952.

It said the commission was appointed only on the basis of opinion of the government and without any resolution being passed, the procedure for which is provided by the Tamil Nadu Legislative Assembly Rules.

The petitioner also contended that he had earlier moved a petition seeking directions to the government to appoint a commission to inquire into the death of J Jayalalithaa, as was done in the case of Netaji Subhash Chandra Bose.

He said the petition was pending before the high court and in order to get over his petition, the government rushed into announcing a commission.

“The said action is a malafide one,” he said.

He said the government, while filing its counter to his earlier writ petition said, “all was well”, and “now the very same government takes a complete U-turn and says ‘all is not well’ regarding the hospitalisation and demise of former chief minister J Jayalalithaa”.

“The said contradictory stand makes it evident that the matter should be handed over for an independent inquiry,” the petitioner prayed.

He also sought inquiry into public speeches being delivered by the AIADMK MLAs and MPs who have been making “wrong” statements regarding the hospitalisation and demise.

He also said considering that the entire state government machinery was involved in the entire episode of hospitalisation, treatment and death of Jayalalithaa, “it would be proper that the Centre steps in and constitutes an independent inquiry commission”.