Jaya death: Madras HC negates plea against inquiry

Chennai, Oct 4: Madras High Court on Wednesday dismissed a objection petition against the constitution of an inquiry commission led by a retired judge to probe the death of chief minister J Jayalalithaa. When the case came up for hearing before the first bench comprising Chief Justice Indira Banerjee and Justice M Sundar, petitioner P A Joseph contended that inquiry commission should be constituted only after passing an unanimous resolution in the State Assembly. "The present impugned government's order are 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 hospitalisation, treatment, 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 independent commission headed by retired Supreme Court judge to investigate Jayalalithaa's death. However, the government's counter affidavit claimed that there was no need for the Centre to constitute such a commission. After hearing the contentions of both sides, Judges refused to agree the contentions of the petitioner and dismissed the petition. UNI