New Delhi: The Supreme Court has been moved on Tuesday praying for appointment of a fresh Commission headed by three Supreme Court Judges to inquire into the mysterious circumstances leading to the demise of former Tamil Nadu Chief Minister Jayalalithaa at Apollo hospital in Chennai on December 5, 2016.
The special leave petition filed through advocate Sivabala Murugan was directed against a Madras High Court judgment dated October 4 holding that there was no violation of rules in the appointment of an Inquiry Commission headed by former High Court judge Arumughaswami, who has taken charge of the probe.
The High Court closed a writ petition from Advocate P.A. Joseph recording a statement on the constitution of one member commission by the State and holding that appointment can be simply based on an opinion of the government and need not be by legislative resolution.
Assailing this order, the petitioner said the Impugned order is a glaring illustration of Mis-interpretation of Section 3 of the Commission of Inquiry Act, 1952 which mandates a resolution from the legislature from such appointments. He said Ms. Jayalalithaa was admitted to Apollo Hospital for fever and dehydration on September 22, 2016.
The hospital then shortly issued a statement saying she was under observation and that she had "no fever now" and was subsisting on a "normal diet."
The AIADMK Ministers and the hospital were issuing statements time and again that Ms. Jayalalithaa would be discharged from the hospital in a few days and would resume normal official duties soon. But despite all such statements, Ms. Jayalalithaa died on December 5, 2016. The government appointed the one man Commission to probe her death.
He said the non-involvement of investigating agency till date by the State government itself is a ground to allow the probe by the commission constituted as prayed by the Appellant. The State is completely silent as to involving investigating agency into the issue relating to suspicious death former Chief Minister. State is duty bound to answer to general public and they are duty bound to clear the cloud surrounding the mystery of her death
He said since the entire government machinery is involved in the cover up operation, the present commission couldn't be expected to do an independent inquiry, for the reasons that the Present inquiry is clearly an in-house inquiry and there is every possibility of bias and likelihood of tampering of records. Hence the only solution is for the Centre to step in and appoint a commission with three retired Supreme Court judges.
He said the SLP raised important questions of law, viz. Whether a Commission of Inquiry can be constituted without a resolution being passed either by the Parliament or by State Assembly as mandated under Section 3 of the Commission of Inquiry Act, 1952 and whether legislative resolution can be waived for the purpose of appointment of commission. He prayed for quashing the HC order dated October 4 and an interim stay of its operation.
