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Madras HC refuses urgent hearing on portrait issue

DTNext 2018-02-13 05:30:00

Even as the portrait of former chief minister J Jayalalithaa was unveiled in the Assembly, the Madras High Court on Monday refused to take up on an urgent basis the plea moved by the DMK seeking to remove it.

Madras High Court Chennai: When the first bench headed by Chief Justice Indira Banerjee commenced the sitting for the day on Monday, senior counsel P Wilson appearing on behalf of the DMK, made a mention about it  and sought for an urgent hearing. He contended that Jayalalithaa was found guilty of corruption by the Supreme Court and unveiling a portrait of her in the Assembly sends a wrong message to the public and particularly the younger generation every minute and hence sought for a direction to remove it forthwith. But the bench, on refusing an urgent hearing, directed the counsel to file the petition and that it would be taken up in due course. 
The public interest litigation moved by J Anbazhagan, MLA, submitted that the Supreme Court has categorically upheld the finding of the trial court as to the guilt of Jayalali thaa, who was accused No.1 in a criminal case. 
Had Jayalalithaa been alive as on the date of judgment, she would have been disqualified to hold the post of chief minister by operation of Article 190(3) of the Constitution of India and she would have been barred from contesting the election for six years as per the Representation of Peoples Act. 
Also, noting that the offence committed by her is so grave that it affects the entire society, the petitioner said, “The offence for which Jayalalithaa has been convicted involves moral turpitude and is a crime against the society. 
Therefore, it is trite in law that such a person can no longer be associated with the high office of Chief Minister or the perks and benefits it entails, or the glorification and exaltation that such a high office confers.” “Thus, the unveiling of the portrait will send a wrong message that indulging in corruption and swindling public funds would lead to glory and that they should follow the footpath of Jayalalithaa and loot the state. Such a message is not one which could be legally permissible or conscionable,” the plea added.

'Will bring PM for MGR function’
In a bid to deflect questions from Opposition Leader MK Stalin on the absence of PM Modi at the function to unveil the portrait of the late CM J Jayalalithaa, the ruling AIADMK said that it was planning to bring him for the MGR centenary function. 
Party spokesperson and deputy secretary of minorities wing JCD Prabhakar said, “We have more functions to mark the memory of Jayalalithaa. We are taking steps to convert her house into a memorial. 
Besides, we will also build a memorial for her on the Marina. We are planning to bring national leaders to those functions.” He further said that the party had invited the Prime Minister to take part in the birth centenary celebrations of party founder MGR and the function would be celebrated in a grand manner. Dismissing charges that the function was arranged in a hasty manner, Prabhakar said, “The Opposition is frequently repeating that the government would fall but nothing of that sort had happened.” 
Prabhakaran further added that even TTV Dinakaran had joined Stalin in criticising the function to unveil Jayalalithaa’s portrait. It only showed that he is having an understanding with the DMK to topple the government and he won the RK Nagar bypoll through this tacit understanding, he added.