Plea against Jayalalithaa death anniversary dismissed

Noting that the plea seeking to restrain the State from officially observing the first death anniversary of former Chief Minister J Jayalalithaa on December 5 was not in good taste, the Madras High Court on Monday dismissed it after holding that a writ court cannot adjudicate dispute about the dates of death of any person.

By :  migrator
Update: 2017-12-04 20:22 GMT
Late Chief Minister J Jayalalithaa

Chennai

The first bench comprising Chief Justice Indira Banerjee and Justice R Hemalatha, said “As of now, there is a death certificate issued by a reputed specialty hospital namely Apollo hospital, which shows that the then CM died on December 5, 2016. Observance of death anniversary of a CM based on the date of death, as recorded in the death certificate issued by the hospital authorities, does not call for interference of this court.” 

Advocate R Kumaravel of Villivakkam in his PIL had contended that the government itself had set terms of reference for Justice A Arumughaswamy commission of inquiry set up on September 27, 2017 and mandated it “to inquire into the circumstances and situation leading to the hospitalisation of the late CM on September 22, 2016 and subsequent treatment provided till her demise on December 5, 2016.” As the government itself issued terms of reference to the commission, it should desist from observing December 5 as her death anniversary and wait for the commission to declare the date of her death, the plea said and had raised doubts about the left thumb impression left by Jayalalithaa in Form A and B of the AIADMK’s Tiruparankundram candidate. 

However, the bench said, “There is no public interest in the order sought for in the petition. The inquiry has not yet given any finding of either the death certificate not being correct or any other causes of the death of the late CM.”

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