The Supreme Court on Thursday dismissed petitions filed by rebel AIADMK MP Sasikala Pushpa and a youth organisation seeking an order for a CBI investigation into the death of the former Tamil Nadu Chief Minister, Jayalalithaa, and warned that it would fine them if they pressed the plea further.
“What are we supposed to do here? You have filed a petition under Article 32 (violation of fundamental rights of citizens by the State) of the Constitution… We will dismiss these petitions and if you press it further, we will impose costs on you,” a Bench of Justices P.C. Ghose and Rohinton F. Nariman said.
The hearing began with the lawyer for the Tamil Nadu Telugu Yuva Sakthi submitting that Jayalalithaa died under “mysterious” circumstances and it was up to the apex court to address allegations raised in several quarters that there was some foul play. He said the Court should order a CBI probe and then monitor it.
“What monitoring? What will we do? There is some petition pending in the Madras High Court, go there if you want with your grievances. How can you come here under Article 32?” Justice Ghose retorted.
On the backfoot, the lawyer then sought the Bench’s permission to move the High Court.
“You can do whatever you want… We will not say anything for you,“ Justice Ghose responded.
Justice Ghose is the lead judge of the Bench that heard Karnataka’s appeal against the acquittal of Jayalalihaa, current AIADMK general secretary V.K. Sasikala and two others in a disproportionate assets case. The judgment has been reserved for the past several months.
Ms. Sasikala Pushpa’s lawyer repeated the claim for a probe into the death by an independent agency like the CBI or a judicial committee.
In her petition, Ms. Sasikala Pushpa claimed that “more than 280 people lost their lives due to the shock of death Ms. Jayalalithaa”.
Ms. Sasikala Pushpa said, “The secrecy maintained raises serious questions among all sections of society.”
The petition said the secrecy surrounding the treatment given to Jayalalithaa and her death violated the fundamental right of Ms. Sasikala Pushpa under Articles 14 and 21 of the Constitution.
She alleged that even dignitaries of the like of the Governor of Tamil Nadu, representatives of national parties such as Amit Shah and Rahul Gandhi and even a close relative of Jayalalitha namely her only niece were not allowed to meet her.
The petition questioned the “silence of the Government of Tamil Nadu of not even conducting an investigation in the death of a sitting Chief Minister”.
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