"Taxpayer money wasted:" Plea in Madras High Court to wind up Justice Arumughaswamy Commission inquiring into death of former CM Jayalalithaa

The Madras High Court on Friday sought the government's response in a public interest litigation (PIL) petition seeking directions to wind up the Justice A Arumughaswamy commission of inquiry tasked to enquire into the death of former Chief Minister J Jayalalithaa (Thondan Subramani v. The State of Tamil Nadu and ors)..Terming the commission a waste of taxpayer money, advocate Thondan Subramani (petitioner) highlighted that it has been more or less defunct since 2019 after Apollo Hospitals, where Jayalalithaa was treated before her demise in 2016, had obtained an order of stay from the Supreme Court. .Supreme Court stays proceedings of Arumughaswamy Commission probing death of J Jayalalithaa."There is no sign of submitting the report by the Commission of Enquiry, in the near future, as the Government of Tamilnadu had not taken any faithful, earnest and effective steps to approach the Hon’ble Apex Court by filing application for vacating the interim order of stay," stated the petition further..The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy issued notice returnable by six weeks. The matter is likely to be taken up next on August 13. .Former Chief Minister Jayalalithaa had passed away in 2016, with Apollo Hospital informing that the cause of her demise was a cardiac arrest. In 2017, the AIADMK-led State government constituted a one-man commission of inquiry comprising of retired High Court Judge, Justice Arumughaswamy. .The petition recounted that the commission was tasked with making an independent inquiry into Jayalalithaa's demise and also with examining the correctness and adequacy of the medical treatment given to her. The commission was initially directed to complete its inquiry and file its report to the government within three months. .However, since then, the government gave periodical extensions to the commission through various government orders. Meanwhile, petitions were also moved before the High Court to halt the commission's functioning, including one by Apollo Hospital. .Constitution of inquiry commission to probe Jayalalithaa death challenged in Madras HC.In 2019, the High Court disposed of the pleas with an observation that the commission should confine its inquiry within the terms or reference made by the government. .However, after Apollo Hospitals obtained a Supreme Court stay on the inquiry commission's proceedings in 2019, there has been no progress for over two years, the petitioner said. As such, it is contended that the commission has become defunct from 2019 till date..The petitioner, therefore, urged the Court to direct the State government to wind up the commission, raising concern that it is being indefinitely continued. ."The situation is not only a painful note but certainly a national concern about the tax payers money being wasted in the name of Commission of Enquiry headed by a Retired Judge of this Hon’ble Court," the petitioner argued. .The matter is likely to be taken up next on August 13.