After Special Sunday Hearing, Madras High Court Allows BSP Leader Armstrong's Burial To Be Held At Thiruvallur

After a special hearing held on Sunday morning, the Madras High Court permitted the burial of late Bahujan Samaj Party Tamil Nadu chief Armstrong to be held at a private property in Pothur Village in Thiruvallur district in Tamil Nadu. The court also gave liberty to the petitioners to approach the authority if they intended to construct a memorial manimandapam, hospital, school etc in Armstrong's name. 

Justice Bhavani Subbaroyan also asked all parties to co-operate with the government and conduct the burial procession in a peaceful manner. The court further directed the police to give appropriate police protection for the procession. 

The court passed orders on petition filed by wife of late BSP leader K Armstrong seeking permission to bury his body in the party office at Chennai.

The court convened the special hearing today after the petitioner made an urgent request yesterday. Conveying condolences to the bereaved family of Armstrong, the bench stated that the rules and the regulations have to be followed.

"Loss is a loss which cannot be filled with anything. But we also have to consider the limits of the authority. You cannot bury a person in a residential area. That has been made clear in many orders," Justice Bhavani said.

The judge also pointed out that the area proposed by the petitioner had a narrow opening. Therefore, chances of untoward incidents like stampede are there, since a large number of persons might be gathering to pay their last respects to the leader. In this regard, the judge referred to the recent Hathras stampede case, which led to the death of over a hundred persons, including women and children.

"We have a heart. But our hand are tied. We are with them. But we have to go by the rules and regulations. We have to find a solution to this. The body cannot be kept there for long. You have to sit together and find a solution...I'm saying this as a sister. I would suggest that you rest him in the area suggested by them. Later, when you buy a larger area, you can shift him there," Justice Bhavani urged the petitioner.

The court thus opined that only if the property feasibly falls in the parameters fixed, it can be allotted for burial. The court adjourned the hearing two times allowing the petitioners to discuss the proposal put forward by the state giving alternative places for burial. 

Following this, the AAG informed the court that a relative of Armstrong had given an application for permitting Armstrong to be laid at rest at the property owned by her which was accepted by the Panchayat President and appropriate resolution was also issued. 

Noting that the land has been transferred from Ryotwari Punjai land to burial ground for this purpose, the court allowed Armstrong's mortal remains to be laid at rest in the property. 

Armstrong was hacked to death by a gang on Friday night near his Chennai residence.

Saying that the entire 2600 sq ft of area is owned by the party, the petitioner requested for allowing the body to be buried there with the construction of a tomb.

Additional Advocate General J Ravindran told the Court that permission was denied to bury the body there as it was a thickly populated residential area. However, the authorities have identified three alternative places nearby where the burial can be held, the AAG added.

Case Title: Porkodi v State and others

Citation: 2024 LiveLaw (Mad) 271

Case No: W.P.No.18930 of 2024