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Supremecourt

Can CM file writ petition against state? Madras HC asks [Read Order]

The Madras High Court on Tuesday reportedly asked in open court whether a Chief Minister could file a writ petition against the state. A bench of Chief Justice SV Gangapurwala was prompted to ask this question while hearing a writ petition filed by Dravida Munnetra Kazhagam (DMK) president and Tami Nadu Chief Minister MK Stalin.

The plea was seeking a CBI probe into the collapse of an under-construction building at Moulivakkam near Chennai in 2014. When the matter was taken up for hearing, the court was apprised that the counsel on record could not carry the case forward and Advocate Richardson Wilson intended to file a change in vakalath.

The court then asked if the Chief Minister could pursue this plea against the State. The matter was filed in 2014 and the prayer doesn’t survive now. So, the matter would have to be withdrawn, he replied while seeking a week’s time for filing a change in vakalath. The case pertained the collapse of an 11-story building under construction in Moulivakkam, Chennai, near Porur, which resulted in the deaths of 61 persons and the injuries of 27 others.

 A Special Investigation Team led by a former Madras High Court judge was established by the then-chief minister, J Jayalalithaa, to investigate the events behind the building’s collapse. Stalin, however, moved the court to request a transfer of the inquiry to the CBI, voicing misgivings over the SIT’s ongoing investigation. The case was last scheduled for March of 2017. Stalin then took over as CM in May 2021. The matter will next come up on January 9.

By Lawminds, ago

Population increasing, infrastructure at cremation sites developing at ‘snail’s pace’: Allahabad HC [Read Order]

The Allahabad High Court recently lamented over the deplorable condition of burial and cremation grounds for the growing population in the State. The bench reckoned the horrific situation which peaked during Covid19 pandemic – when proper cremation of the bodies of departed souls was impossible due to serious lack of infrastructure at cremation centres. “The population is increasing day by day but the infrastructure at the cremation sites are being developed at snail’s pace. It is very unfortunate that the common people struggle their whole life for getting proper amenities and even after their last breath
they are deprived of from getting proper cremation facilities. At this stage, we are striving to achieve one trillion economy but still unable to give proper facilities at the cremation centres”


The Court was hearing a plea which brought to light the shabby and dilapidated conditions of crematorium/ cremation sites across the State which lacked basic amenities and infrastructure. In response to the overall poor conditions of crematoriums in the state, the Court had issued an order on November 20, 2023, directing the Secretary of Nagar Vikas Government of UP to respond and provide information on the state government’s policies addressing the issue. Basis which, an affidavit was filed before the Court which stated that since Urban Local Body i.e. Municipalities/ Municipal Corporations are autonomous bodies, it is their duty to ensure the proper maintenance and empowered to take any action in respect of maintenance or to regulate such sites across the State in Gram Panchayats. Noting this, the Court asked for the Addl. Chief Secretary, Panchayati Raj, Government of U.P. as well as the Addl. Chief Secretary, Urban Development, Government of U.P. to be impleaded as parties in the matter.


The Court then directed the State authorities to take concrete steps in this regard. The Bench asked Additional Advocate General M.C. Chaturvedi to communicate this order to the respective officers. If required, the matter may even be placed before the Chief Secretary of the State so that proper solution of this problem may be evolved benefitting the public at large, the Bench said before parting with the order. The next hearing will be on January 18.

By Lawminds, ago