Jaya death: SC dismisses plea opposing panel

Petitioner said it was set up unilaterally without prior legislative debate

NEW DELHI, 13/07/2016: A Constitution Bench of the Supreme Court on Wednesday unanimously quashed Arunachal Pradesh Governor J.P. Rajkhowa's decision to advance the Assembly session from January 14, 2016 to December 16, 2015, a move which triggered political unrest in the sensitive border State and culminated in the declaration of President's rule on January 26, in New Delhi. Photo: R. V. Moorthy

The Supreme Court on Friday dismissed a petition challenging the Tamil Nadu government's appointment of a one-man Commission of Inquiry headed by retired Madras High Court judge, Justice A. Arumughaswamy, to probe the death of AIADMK leader Jayalalithaa.

A Bench led by Chief Justice of India Dipak Misra dismissed the petition, orally observing that there was no need for the Supreme Court to intervene.

SLP filed

The special leave petition was filed by Chennai resident P.A. Joseph in the Supreme Court after the Madras High Court chose to dismiss the allegations in an order on October 4, 2017.

The petition primarily contended that the Commission of Inquiry was set up by the Tamil Nadu government unilaterally without prior legislative debate or resolution.

It contended that the prior resolution by Parliament or the State Legislative Assembly was mandated under Section 3 of the Commission of Inquiry Act,1952.

Mr. Joseph termed the High Court order of October 4 as a “glaring illustration of the misinterpretation of Section 3 of the Commission of Inquiry Act, 1952”.