HC refuses to stall work on memorial for Jaya on Marina

The petitioner M L Ravi, president, Desiya Makkal Sakthi Katchi had sought to halt the construction of a memorial for the late AIADMK leader. He argued that Jayalalithaa had become a convict since the order of acquittal passed by the Karnataka High Court had been reversed by the Supreme Court in criminal appeals. As such, a memorial in honour of a convicted person cannot be constructed, Ravi said in his petition.

A Division Bench comprising Justices M Sathyanarayanan and P Rajamanickam, which heard the case on Wednesday, went through the events leading to Jayalalithaa’s conviction by the trial court, her subsequent acquittal by the Karnataka High Court as well as the appeal at the Supreme Court against her acquittal being dismissed as abated following her death.

“It is to be remembered at this juncture that the said person (Jayalalithaa) already had the benefit of acquittal in her favour. Further, considering the judgement in B K Kapur vs State of Tamil Nadu, the stigma of conviction against her got erased, which has not been set aside by the Supreme Court on merits for the reason that before the orders could be pronounced, she died.”

“Therefore, it cannot be said that Jayalalithaa is a convicted person and there is stigma of conviction attached to her,” the bench said, adding that even the review and curative petitions seeking to recover the fine of Rs 100 crore from the estate of all the accused persons were dismissed.

The Bench led by Justice Sathyanarayanan recorded the submission by the State that all necessary clearances have been obtained for the construction of memorial at a cost of Rs 50.80 crore.

“It has become a practice rather a norm to build memorials in honour and memory of former CMs and leaders of this country by spending public money. The justification is that the memorials would remind the public about the contribution made by the individuals towards the State’s development.”

“However, it is for the government concerned to take a call on this and this Court cannot issue any positive direction to do so. The State government may endeavor to formulate a policy decision in future to go for construction of hospitals, schools, colleges and provision of basic amenities to people, in honour and memory of great leaders. It would be an everlasting memory in the minds of the people.”