Jaya Memorial: Can’t decide cases on moral grounds says Chief Justice Indira Banerjee

Refusing to dwell on aspects as to whether a memorial should be built for the former chief minister, the first bench comprising Chief Justice Indira Banerjee and Justice PT Asha, insisted that the arguments must be based on illegalities in terms of coastal regulation zones and other violations in setting up a memorial on Marina beach.

The Chief Justice on describing Marina as one of the most beautiful beaches in the world admitted that personally, she preferred that the area be left untouched and that there be no construction obstructing the view of the beach. But what is a moral wrong may not be a legal wrong. I may think it is morally wrong. But can I interfere judicially, she asked and added, “But when I decide judicially, I cannot go by my personal views.”

Citing the case against the Speaker’s decision to place the late chief minister’s portrait being dismissed last February on similar grounds, the Chief Justice noted that the question of whose memorial should or should not be built are decisions to be taken by the government elected into power by the voters. While, the petitioners including the counsel appearing for social activist Traffic Ramaswamy contended that the construction violated CRZ regulations and raised environmental and public safety concerns, Advocate General Vijay Narayan submitted that the construction has been sanctioned by all the competent authorities including CMDA and Corporation.

He also noted that the memorial for Jayalalithaa was only coming up within MGR’s memorial, which had had come up before the CRZ regulations came into force. However, the bench on pointing out that the petitioners must establish the involvement of illegalities, posted the matter for further hearing to June 25.