On 3rd November, the Supreme Court of India declined to entertain a plea challenging Tamil Nadu government’s decision to set up a one-man Commission to investigate the demise of AIADMK Chief and Late Ex-Chief Minister J. Jayalalithaa.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud rejected the request recorded by a resident of Chennai P. A. Joseph asserting that there was a probability of undue impact and bias as the commission/ panel/ board was set up by the state government itself with no determination go by the state assembly.
The state government has set up the commission/ panel/ board headed by Justice An Arumughaswamy, Ex-Madras High Court judge, to investigate the passing of Jayalalithaa on December 6, 2016 at a private hospital in Chennai.
The bench told Joseph his challenge has been acknowledged by the High Court and also asked him Do you want the inquiry to go on or do you want to stop the inquiry?
At the point, when the legal advisor of Joseph answered YES, the bench made it clear that it would not entertain the appeal against the High Court order.
Joseph, in his appeal, had stated, “party MLAs are associated with the entire scene of hospitalization, treatment, passing of the previous Chief Minister of Tamil Nadu J Jayalalithaa. There is each plausibility of impact, weight, predisposition with regards to a commission constituted by the state government themselves, the present commission can’t be relied upon to do a free inquiry…”.
The appeal to had asserted that Madras High Court had blundered in holding that a determination from the assembly was not obligatory and a minor sentiment of the administration itself was sufficient to constitute a commission under the Commission of Inquiry Act, 1952.
The supplication said that the earlier determination by Parliament or the State Legislative Assembly is ordered under Section 3 of the Commission of Inquiry Act, 1952.
It charged that the Commission of Inquiry was set up by the Tamil Nadu government singularly without earlier authoritative civil argument or determination.
Joseph moved the peak court after the High Court expelled the claims on October 4.
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