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Can Chief Minister Pursue A Case Against The State? Madras High Court Asks In Plea For CBI Probe Filed By MK Stalin In 2014
Upasana Sajeev
2 Jan 2024 10:06 AM GMT
The Madras High Court on Tuesday wondered if the Chief Minister of a State can pursue a case against the State itself. The curious question arose when the bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy came across a petition filed by the current Chief Minister of Tamil Nadu MK Stalin back in 2014, when he was the treasurer of the Dravida Munnetra Kazhagam...
The Madras High Court on Tuesday wondered if the Chief Minister of a State can pursue a case against the State itself. The curious question arose when the bench of Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy came across a petition filed by the current Chief Minister of Tamil Nadu MK Stalin back in 2014, when he was the treasurer of the Dravida Munnetra Kazhagam (DMK) party.
The matter pertained to the collapse of a 11-storey building that was under construction in Moulivakkam near Porur in Chennai in June 2014, killing 61 people and injuring 27. The then Chief Minister, J Jayalalithaa had constituted a Special Investigation Team (SIT) headed by a retired judge of the Madras High Court to inquire into the circumstances that led to the collapse of the building.
However, expressing a lack of confidence in the investigation carried on by the SIT, Stalin approached the court seeking a transfer of investigation to the CBI. The matter was last listed in March 2017. Stalin assumed the CM office in May 2021.
When the matter was taken up today, Court was informed that the counsel on record could not carry the case forward and Advocate Richardson Wilson intended to file a change in vakalath. The court however asked how the Chief Minister could pursue this plea against the State.
At this juncture, Richardson informed that the case was filed in 2014 but was taken up only now. He also informed the court that the matter would have to be withdrawn as the prayer sought did not stand at present. However, he added that he could formally make any submissions in this regard only after filing a change in vakalath and sought time for the same.
The court allowed his request and adjourned the matter for a week.
Case Title: MK Stalin v The Government of Tamil Nadu and others
Case No: WP 20702 of 2014
