Madras High Court allows burial of Tamil Nadu BSP Chief K Armstrong in Pothur village

The Madras High Court on Sunday allowed the burial of Tamil Nadu Bahujan Samaj Party (BSP) Chief K Armstrong at a private plot in Pothur village. [Porkodi v State of Tamil Nadu and Ors.].Justice V Bhavani Subbaroyan passed the order after the State expressed willingness to permit burial at a plot as approved by the village panchayat in Tiruvallur district."The village panchayat in Tiruvallur district has passed a resolution approving a one acre private plot in Pothur village for the burial. The State is willing to permit the burial at such site," the Court recorded..The Court was hearing a plea by Amrstrong's wife A Porkodi seeking permission to bury his body at the party office in the Perambur area in Chennai..Armstrong was killed by a group of around six men on Friday, July 5. The Chennai police has arrested eight persons it claims were involved in the killing..A group of lawyers had moved the Madras High Court on Saturday evening for an urgent hearing of the petition. At around 8pm, Acting Chief Justice R Mahadevan granted the lawyers permission for the urgent hearing and directed them to move the roster judge concerned..The lawyers had then visited Justice Anita Sumanth's residence seeking such hearing but were told to go before Justice Subbaroyan, who currently holds the portfolio for matters concerning local authorities.Justice Subbaroyan then agreed to hear the matter on Sunday at her courtroom at the Madras High Court..During the hearing today, the petitioners argued that the 2600 sq ft area owned by the BSP was appropriate for the burial.Additional Advocate General (AAG) J Ravindran for the Tamil Nadu expressed condolences but opposed the prayer on the ground that the area in question was a residential area.He highlighted that the proposed area is densely populated, has inadequate approach roads, and the building itself lacks requisite permission .Further, he informed the Court of three places of around 2000 square feet each that the government had identified near the proposed site that could be used for the burial or memorial..The Court acknowledged the petitioner's sentiments but stressed the importance of adhering to legal and regulatory frameworks. It pointed out the difficulties associated with burying Armstrong in a residential area with narrow lanes."This area has small small lanes. You need a bigger place where thousands of people can gather. If something happens, you will not be responsible but we all saw what happened in Hathras Stampede," the Court said..The Court then reviewed photos of the BSP office site and noted that the area was insufficient for a burial. It advised the petitioners to consider the alternative sites proposed by the government and granted all parties time until 12 pm to decide if they were agreeable to another site for the burial and memorial..At 12pm, the Court was informed that the parties were yet to reach a consensus and that the body was kept inside a local school campus.The Court urged the parties to complete the burial today, pointing out that the school would reopen tomorrow and that the body could not be kept there. It also underlined that Armstrong's wife had a child to take care of.When counsel for Armstrong's wife insisted on burial at the party office, the Court said,"All you can do in that case is go to the government. If you are that powerful, go to the government. All I can do is give you some more time,"Stressing that it did not possess powers to grant what the petitioner sought, the Court suggested burying the body now and choosing a different place for the memorial. It cited the example of the Rajiv Gandhi memorial in Sriperumbudur and urged the partied to think one last time and appear at 2:15 pm..At 2:15 pm, the Court was informed that the State was willing to permit burial at a plot in Pothur village as approved by the village panchayat in Tiruvallur district.Accordingly, the Court directed the petitioner to conduct the burial peacefully at the suggested site."We know the loss you have suffered cannot be compensated. But also know that the State has been helpful to you. Within one hour the State has accepted and approved your request," it added.The Court stated that if the petitioners wanted to construct a hospital or something else in Armstrong's memorial, they could approach the State for permission in accordance with the law.