Marina clashes: DMK petition dismissed as withdrawn

The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice M Sundar, before whom the plea came up made it clear that it was not inclined to entertain the plea since the Tamil Nadu Government had already constituted a judicial commission headed by former HC judge S Rajeswaran. 

Senior counsel P Wilson, appearing on behalf of DMK, contended that though the commission has been formed the terms of reference was very general and advisory in nature and that the aspect of those injured in the attack and their compensation has been ignored. He further submitted that unless a special investigation team comprising officials from CBI and NIA, is constituted to hold a comprehensive inquiry into the police excess, the truth was bound to be buried. 

But even as Wilson was quoting Supreme Court directions in this regard and seeking the bench to view videos and photographs revealing police excess, the bench clarified that it was not holding a trial in the case and that his apprehension was misplaced. 

The bench also noted that the Chief Minister along with appointing a judicial commission, has also issued a statement that action would be taken on erring police officials, if proved. 

However, after Wilson said he sought to challenge the terms of reference of the judicial inquiry, the bench asked him whether he wanted to withdraw the PIL or else it would pass orders. To this, Wilson sought time to get instructions and later sought to withdraw the PIL. The bench then recorded the submissions and dismissed it as withdrawn.