A vacation Bench of the Madras High Court on Thursday expressed deep concern at the "mystery" behind the death of former Chief Minister Jayalalithaa, and observed that "the State government has failed to clear the doubts even after her death. Should her body be exhumed to know the truth?"
The Bench of Justices S. Vaidyanathan and V. Parthiban made the strong observations while hearing a Public Interest Litigation (PIL) petition seeking to appoint a commission comprising three retired Supreme Court judges to probe into the “mysterious” death of Jayalalithaa.
Ordering notice to the Centre, including the Prime minister's Office, and the Tamil Nadu government, the Bench censured particularly the Union government for not revealing any information on the ''mystery'' surrounding her death.
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"Representatives of the Central government visited the hospital. Counsel for the Union government claims to know the details of the incidents. But still the authorities have not conveyed or brought out anything to the people, for the reasons best known to them," it said
The petition was moved by P.A. Stalin, a primary member of the AIADMK, relying on a precedent set by the Calcutta High Court in 1999 of directing the constitution of a one-man commission of a retired apex court judge to probe into the death of ‘Netaji’ Subhash Chandra Bose.
The petitioner sought the appointment of a similar commission under the Commissions of Inquiry Act, 1952 to find out the truth behind Jayalalithaa’s death.
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Mr. Stalin also wanted the court to pass interim order to the State authorities and the Apollo Hospitals calling for all official and other relevant records and documents in connection with the death.
After ordering notice to the respondents, the Bench referred the PIL to the Chief Justice to list the plea in an appropriate Bench.