Madras HC allows plea for burial of DMK leader Karunanidhi at Marina Beach

A midnight hearing and a special sitting later, the Madras High Court has allowed a writ petition by the Dravida Munnetra Kazhagam (DMK), hence giving the green signal for the burial of late former Chief Minister M Karunanidhi at the Marina Beach..A Bench of Acting Chief Justice Huluvadi G Ramesh and Justice SS Sundar allowed the plea after hearing arguments since 8 am..Before the Court commenced hearing arguments, it directed the counsel for social activist Traffic Ramaswamy to inform the Bench whether he intended to withdraw his writ petition against the burial of late CM Jayalalithaa at the Marina Beach..Whereas the counsel was reluctant to withdraw his petition in the absence of instructions from Ramaswamy, he told the Bench that he had no objection to whatever orders the Court chooses to pass in the DMK’s petition. Regardless, the Bench then proceeded to dismiss his writ petition as well before moving on to arguments..The Court witnessed impassioned arguments from both sides. Leading the arguments for the petitioner, Senior counsel P Wilson contended that M Karunanidhi’s rights under Article 21 were being violated. He argued that Article 21 envisages the right to a decent burial. This also means that the “tall leader” of the Dravidian movement deserves to be buried alongside his mentor, CN Annadurai, at Marina – a ground conventionally marked for Dravidian leaders..He argued that the government’s refusal to allow the burial, despite their earlier decision to allow Jayalalithaa to be buried on the same grounds, amounts to a violation of Article 14..Ultimately, he asserted that there were no legal hurdles to hamper the said request, since all the writ petitions pending against burials in Marina have now been dismissed..In this background, he made a plea on behalf of the followers of the Dravidian movement – numbering greater than 1 crore persons – to allow the burial of their revered leader at Marina..Additionally, Senior counsel Veerkathirvan contended that the “central protocol” being cited by the government to deny the burial had nothing to do with burial at all. It was only concerned with matters such as state mourning and flag hoisting..Defending the government’s decision, Senior Counsel CS Vaidyanathan argued that the entire sequence of events was only to politicise the death of Karunanidhi and in pursuit of a political agenda..He contended that there was no Article 14 violation. The government had merely taken a decision following precedent. In fact, some of the principles followed were also laid down by the “Kalaignar” (Karunanidhi)..In this light, he also argued that the petition calls for a decision that would perhaps not be allowed by Karunanidhi were he still alive. Therefore, the petition does not serve to honour his memory, but rather it disrespects the procedure he followed earlier..Referring to the quick succession of petition withdrawals, he also argued that the whole episode has played out like it had been stage-managed..In this case, Vaidyanathan argued there was no scope to issue a mandamus. as there is no right or corresponding duty bring violated. The government had only passed a decision, applying its mind based on the circumstances prevailing at the time. However, even if the circumstances have changed, the Court should only direct the government to make the decision based on the changed circumstances, he argued..While further countering the government’s arguments in this case, Wilson contended that some of the arguments made appeared to be “vengeful arguments” rather than legal arguments. The statement was met with immediate and vehement objection by CS Vaidyanathan, who said,.“This is a personal attack on the counsel…This is unheard of. This can’t be heard.”.While the Bench also raised eyebrows over the comment made, Wilson explained that it was not a personal attack, but rather that he was only pointing out that there was “malice in power” at play in this case..“I am not saying anything personal. I am saying there is a malice in power…I am not saying anything about my learned friend. He should not get emotional. I am only about the malafides.”.As the arguments closed, Veerkathirvan reasserted that the government has not properly demonstrated what legal hurdles stand in the way of allowing the burial of Karunanidhi at Marina..The Bench ultimately allowed the petition, noting, inter alia, that there was no legal impediment to allowing Karunanidhi’s burial at Marina..Read the operative portion of the order: