The Supreme Court on Friday refused to entertain a plea challenging Tamil Nadu government's decision to set up a one-man Commission to probe the death of AIADMK chief and former Chief Minister J Jayalalithaa.
The plea was filed by a person named P.A. Joseph, who had sought for a fresh enquiry by means of passage of a resolution in the State Assembly.
On that note, he had alleged that the current enquiry commission was “unconstitutional”, and claimed that it was set up without a resolution from the State Assembly.
Joseph has contended that the high court erroneously interpreted the Commission of Inquiry Act, 1952, which mandates a resolution from the legislature for such appointments. In the present case, Joseph said, no such legislative sanction was obtained and the government set up the commission on its own.
The high court had ruled that state had rightly constituted the one-man commission and there was no need, as Joseph has claimed, for any legislative sanction.
A three-judge bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud dismissed the appeal filed by advocate P.A. Joseph challenging the high court order and seeking a fresh probe by a commission headed by three Supreme Court judges.
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