Chennai: The Madras High Court on Wednesday dismissed a petition objecting to the formation of an inquiry commission led by a retired judge to probe then Tamil Nadu Chief Minister J, Jayalalithaa’s death.
When the matter came up before Chief Justice Indira Banerjee and Justice M Sundar, petitioner PA Joseph argued that the commission should be set up only after a unanimous resolution was passed 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,” his counsel E. Vijay Anand argued.
He said that by setting up a commission, the state had taken away the Centre’s right to appoint an independent commission headed by a retired Supreme Court judge to probe Jayalalithaa’s death in December last year.
But the Tamil Nadu government argued that there was no need for the Centre to set up such a commission.
After hearing both sides, the judges refused to agree with the petitioner and dismissed his petition.