IN THE HIGH COURT OF JUDICATURE AT MADRAS(Special Original Jurisdiction)

W.P.No. of 2016

P.A.Joseph S/o. P.Antony,No.19/5, Prakadeeswarar Nagar,Arumbakkam,Chennai -106. …Petitioner

-Vs-

1. The Office of the Hon’ble Prime Minister of India,Rep by its Principal Secretary,152, South Block, Raisina Hill, New Delhi-110011.

2. The Director,Ministry of Parliamentary Affairs,Room. No. 92, Parliament House,New Delhi – 110001.

3. The Department of Ministry of Home AffairsRepresented by its Home SecretaryNorth Block, Central Secretariat,New Delhi – 110 001.

4. The Department of Law and Justice Represented by its secretary26, Mansingh Road,Jaisalmer HouseNew Delhi – 110011

5. The Director,Central Bureau of Investigation, Plot No. 5-B, 6th Floor, CGO Complex,Lodhi Road, New Delhi – 110003.

6. The State of Tamil Nadu,Rep by the Chief Secretary of State,Secretariat Buildings, Fort St.George,Chennai.

7. The State of Tamil Nadu Rep by its Home SecretarySecretariat Buildings, Fort St.George,Chennai.

8. The State of Tamil Nadu,Department of Law,Rep by its Secretary,

Fort St. George, Chennai – 9.

9. The Tamil Nadu Legislative Assembly,Rep by its Secretary,Fort St. George, Chennai – 9

10. The Director General of Police,O/o the Director General of PoliceMylapore, Chennai.

11. The Commissioner of Police,Chennai City Corporation,Veppary, Chennai.

12. The Chairman,Apollo Hospitals,No 21, Greams Lane, Chennai. …Respondents

AFFIDAVIT

I, P.A.Joseph S/o. P.Antony, Christian, aged about 36 years, residing at, No.19/5,

Prakadeswarar Nagar, Arumbakkam, Chennai -106, do hereby solemnly affirm and

sincerely state as follows:-

I am the Petitioner herein and as such I am well acquainted with the facts of thecase as stated hereunder;

2. The petitioner states that the present petition is filed in a Public Interest. The

Present Petition is moved seeking for appointment of commission headed by Retired

Supreme court Judge under the provisions of Commissions of Inquiry Act, 1952 be set

up by the Central Government to find out the truth and to inquire into the mysterious

death of the former Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha as it was done in

the case of Our National leader NetajiSubhash Chandra Bose pursuant to direction of

Hon’ble Division Bench of Calcutta High Court in RudraJyotiBhattacharjee& Another

Versus Union of India & Others reported in AIR 1999 (CAL) 9 to enquire and find out

whether NetajiSubhash Chandra Bose was Dead or Alive.

3. The petitioner states that petitioner is a public spirited person and petitioner

moving this petition as a responsible citizen of this country, as a valid voter under the

representation of peoples act, and as a basic member of political party namely AIADMK

party wing. Petitioner was just echoing the views of lakhs and lakhs of peoples who

were totally kept under dark about the mysterious admission of the former Chief Minister

of Tamil Nadu Ms.Dr.J.Jayalalitha to the hospital on September 22nd of 2016 (i.e) just 4

months from the date of returning to power, and the follow up events happened in the

hospital which ended up in the death of famous national leader by breaking lakhs and

lakhs of people’s hearts.

4. The petitioner state that, what is running in all conscious people minds are only

one thing “WHAT IS THE CAUSE OF MYSTERIOUS DEATH OF THE FORMER CHIEF

MINISTER M/s DR.J.JAYALALITHA”. A person who is holding highest public office, who

was the Chief Minister of state and who was very Hale and healthy just two months

back fell sick over the course of a day and in the dark of the night was admitted to a

hospital. The news was that she was just suffering from fever and will return home in 2

days. But, what happened was shocking array of events which drew petitioner to file the

present petition. Petitioner does’t want to go into all rumour’s and speculations in the

present writ petition as petitioner moving it as a respective citizen who wanted an

answer for mysterious death of his national leader. Petitioner is a public spirited person

and he regularly raise issues of public importance more specifically he had been fighting

for the regularising the Koyambedu Market and infact pursuant to petitioner moving a

PIL, this Hon’ble court is now monitoring the progress and developments in respect of

Koyambedu Market.

5. The petitioner states that petitioner extract the timeline of events for better

appreciation of facts;

Here is a timeline of events that unfolded after Jayalalithaa was admitted to the

Apollo hospital in September.

22 September

Jayalalithaa was admitted to Apollo Hospital for fever and dehydration. The hospital

then shortly issued a statement saying she was under observation and that she had "no

fever now" and was subsisting on a "normal diet."

24 September

AIADMK party members dismissed reports that Jayalalithaa will be flown to Singapore

for further treatment. On reports in a section of media, including on social media, that

Jayalalithaa will be flown to Singapore for further treatment," Apollo Hospitals said that

Jayalalithaa would be discharged from the hospital in a few days and would resume

normal official duties soon.

Meanwhile, actor Rajinikanth, Prime Minister NarendraModi, Governor

ChVidyasagarRao, DMK leaders M Karunanidhi and MK Stalin and Chief Ministers of

Karnataka and Puducherry, Siddaramaiah and V Narayanasamy respectively, were

among those who had wished her speedy recovery.

30 September

Meanwhile, DMK chief M Karunanidhi wished Jayalalithaa a speedy recovery, but urged

the government to "put an end to the rumours." He suggested that photographs of the

Chief Minister may be released through the media to quell any kind of rumours being

circulated about her health. Quoting from a section of the media, he said when AIADMK

founder and former chief minister late MG Ramachandran was hospitalised in 1984,

regular briefings on his status were made by then health minister HV Hande.

The DMK requested Governor ChennamaneniVidyasagarRao to take "due steps" in

dispelling rumours even as the police filed a case against an "unknown person" for

allegedly circulating rumours about the AIADMK supremo's condition. The case was

filed under various sections of the IPC, including those dealing with "public mischief"

and "promoting enmity between classes."

1 October

AIADMK members continued to assert that Jayalalithaa was healthy, even as a doctor

from the UK, Dr Richard John Beal, an experienced investigator in the fields of sepsis,

ARDS, haemodynamics, critical care nutrition and ICU informatics, was reportedly flown

in to examine her. Party members even said that had announced the candidates for the

upcoming civic polls while in the hospital.

A senior leader and spokesperson 'Panruty' S Ramachandran, also insisted that

Jayalalithaa would "return home soon".On DMK chief M Karunanidhi seeking an

explanation over Jayalalithaa's health, Ramachandran said "he has no right" to demand

so.

2 October

AIADMK dismissed demands to release photographs of hospitalised party supremo and

Chief Minister J Jayalalithaa to quell rumours about her health, saying the hospital was

regularly releasing bulletins about her condition. While Apollo Hospitals initially said

Jayalalithaa was cured of fever, it then said she was being treated for infection and put

her on respiratory support.

4 October

The Apollo hospital said in a press release, Jayalalithaa's health condition "continues to

improve" and the same line of treatment, including antibiotics and other clinical

measures, is being continued. Chief Operating Officer of Apollo hospitals

SubbiahViswanathan said in a press release that "the same line of treatment is being

continued. The honourable CM is under close observation by the team of doctors".

Meanwhile, the Madras High Court directed Tamil Nadu's Additional Advocate General

to get instructions from the government on her health, after social activist Traffic

Ramaswamy filed a public interest litigation (PIL) seeking the real status of

Jayalalithaa's health. The court also observed that people were anxious to know about

the Chief Minister's health.

6 October

Reports claimed that a three-member doctors team from All India Institute of Medical

Sciences (AIIMS) consisting of pulmonologist GC Khilnani, cardiologist NitishNaik and

anaesthetist AnjanTrikha were to examine Tamil Nadu Chief Minister Jayalalithaa in the

hospital.

According to Apollo Hospitals, the treatment plan followed was based on detailed

discussions with Beale. The treatment plan included appropriate antibiotics, respiratory

support and other allied clinical measures presently being continued to treat the

infection. In the meanwhile, the Madras High Court dismissed the PIL filed by activist

Traffic Ramaswamy, as the one filed for seeking publicity.

7 October

Rahul Gandhi visited Apollo Hospital, becoming the first national leader to visit

Jayalalithaa. BJP MP Subramanian Swamy urged Union Home Minister Rajnath

Singh to impose President's Rule in the state following her prolonged hospitalisation.

8 October

In a statement issued in Chennai, Apollo Hospitals said the chief minister is under

constant monitoring by intensivists and consultants in the panel, announcing that she

was being treated for lung decongestion, and that all other comprehensive measures

including nutrition, supportive therapy and passive physiotherapy were underway.

AIADMK continued to maintain its stand that there is no legal necessity for a substitute

chief minister. DMK leader MK Stalin was not able to meet the CM on his visit to the

hospital, but the doctors and state ministers like Finance Minister O Panneerselvam and

others briefed him about her health.

9 October

Main Opposition party DMK demanded either a "Chief Minister incharge or a new Chief

Minister," to streamline governance. However, the demand failed to find support even

from the key ally of DMK, the Congress.

10 October

According to a report by The Financial Express, AIADMK launched a Twitter campaign

titled 'My CM is fine' to counter spreading of rumours regarding Jayalalithaa's health.

11 October

Police registered 43 cases and arrested two persons in connection with posting of

"malicious and false content" on social media about Jayalalithaa's health, undergoing

treatment at a hospital. Special teams, constituted to investigate such cases, were

working to identify those who had posted the content on social media, such "offences

are liable to be punished with rigorous imprisonment for more than seven years," police

officials said. Meanwhile, doctors indicated that she was not yet fit to resume her duties

following which the Tamil Nadu governor allocated the portfolios held by Jayalalithaa to

Finance Minister O Panneerselvam, even as she continued to be CM.

12 October

BJP President Amit Shah and Union Finance Minister ArunJaitley visited the Apollo

Hospital to enquire about the Tamil Nadu Chief Minister's health. And Opposition

leaders questioned how the ailing Jayalalithaa told the Governor to allocate her

portfolios to Finance Minister O Panneerselvam.

13 October

Aiims experts and UK doctor Richard Beale visited Apollo Hospital to examine

Jayalalithaa again.

18 October

Apollo Hospitals did not release an update on the chief minister's health for the eighth

consecutive day.

19 October

O Pannerselvam presided over a Cabinet meeting in Chennai for the first time after the

Governor allocated portfolios of ailing Chief Minister J Jayalalithaa to him.

21 October

The Apollo Hospital declared Jayalalithaa's health was showing gradual progress,

stating that the Chief Minister "is interacting (with people) and progressing gradually",

according to a medical bulletin, the first issued after a 11-day gap.

27 October

AIADMK claimed that the doctors at Apollo Hospitals have said that Jayalalithaa is on

the road to full recovery and have even decided on her discharge date. However, the

hospital continued to remain silent for the sixth day since its last update on 21 October.

29 October

Jayalalithaa reportedly affixed her left thumb impression on the poll documents

submitted by a AIADMK candidate as her right hand was inflamed following a

tracheostomy. It was attested by a government doctor — P Balaji, Professor of Minimal

Access Surgery in Madras Medical College. Dr Babu K Abraham, working in Apollo

Hospitals, signed as a witness.

4 November

A senior AIADMK member said that Jayalalithaa would be soon moved out of the critical

care unit to a private room, stating that the lung infection was under control and that she

had passed the critical stage. Apollo hospitals announced that she had recovered fully.

"SI am very satisfied. SI am completely recovered and understands what is going

around her," Pratap C Reddy, Chairman of Apollo Hospitals Group, said. He added that

it was up to Jayalalithaa to decide when to return home.

7 November

AIADMK said that Jayalalithaa may be discharged from Apollo Hospitals in less than 15

days, adding that all her vital parameters were under control and she was even being

given physiotherapy exercises. A senior of the party said that she was now able to sit

when the respiratory systems were removed. She was also taking semi-solid food.

Meanwhile, Madras HC dimissed a PIL challenging the earlier affixing of her thumb

impression on election documents.

12 November

Apollo Hospitals said that Jayalalithaa's infection is fully under control and she needs

recuperation.

13 November

In her first direct communication since her hospitalisation, Jayalalithaa said she had

taken rebirth because of people's prayers and urged them to vote for AIADMK in the 19

November polls, in a statement released to AIADMK in Chennai.

18 November

Apollo Hospitals Chairman Pratap C Reddy said that Jayalalithaa is fine and is in the

ICU in order to protect her from fresh infection. He said Jayalalithaa is breathing and

sleeping well, and is on ventilator only for 15 minutes in a day.

19 November

Jayalalithaa was shifted to a special room from the Intensive Care Unit in the Apollo

Hospitals according to a senior AIADMK leader.

25 November

Chairman Pratap C Reddy said that Jayalalithaa is returning to normalcy and all her vital

organs are functioning well. The Hospital told media that she was shifted out of

Intensive Care Unit as there were no health complications.

4 December

Jayalalithaa suffered a cardiac arrest, hours after AIADMK members said she would be

returning home soon and a team from AIIMS confirmed that she has completely

recovered after two months of hospitalisation.

5 December

— Centre dispatched a team of specialists from AIIMS to look into her treatment.

Contrary to the Union Health Minister, JP Nadda 's statement that sI am out of danger,

the hospital in a press release said that Jayalalithaa continues to be critical and is on

ECMO and other life support systems, besides being treated and closely monitored by a

team of experts.

— The London doctor who is being consulted for Jayalalithaa treatment said her

condition is "extremely grave".

— Apollo Hospitals said that a team of its doctors and those from Aiims were

continuously monitoring her health and denied as "totally baseless and false" reports

that she was no more.

— Jayalalithaa "responding" to the treatment being given by experts, AIADMK says.

— Jayalalithaa declared dead by Apollo Hospitals at 11.30 pm on 5 December.

NOW COMING TO THE MYSTERY SURROUNDING THE DEATH OF THE FORMER

CHIEF MINISTER M/s DR.J.JAYALALITHA

6. The petitioner state that, in the present case the suspicious death of the former

Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha is raised on following array of

questionable events which were left unanswered.

a. The A.I.A.D.M.K party returned into power in the month of May 2016, suddenly

the Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha who was Hale and healthy

feel sick and was admitted to the private Apollo Hospital on 22 September 2016,

From the Date of her admission to Hospital the party has only completed four

month out of five years of Power.

b. The decision to admit her to a private hospital instead of super Speciality

Government Hospital raises a great suspicions on part of the person who took

the decision to admit her in private hospital.

c. There were Contradictory statements issued by the private Hospital Namely the

Apollo Hospital which is evident from the periodical press releases done by the

private Apollo Hospital.(Enclosed in Typed Set of Papers)

d. All the statements, Press releases relating to the Health of Chief Minister were

issued only by the Private Hospital and not even a single press release was done

by the Government officially, which is bound to clarify the Health of Chief

Minister to the Public. In this issue main question is who authorized the Private

Hospital to make periodical press releases of its patient (leave alone its a chief

minister).

e. Cases were booked against those persons who questioned/ raised doubt/

commented about Chief Minister's Health. This was purposefully done just to

shut the public from raising any question on of the Health of the Chief Minister.

Here also the question of who took the decision to arrest those person who had

raised, commented, questioned the Chief Minister's Health, needs a

Comprehensive answer.

f. Questions were raised relating to the thumb impression of Chief Minister on the

nomination papers submitted by the party men for contesting the by-election

held by the Election Commission of India. The moot question was when a

person who can sign has not signed instead made thumb impression. The next

follow up Question was whether the Chief Minister was Conscious enough to

read and understand before making such thumb impression was a Million Dollar

Question.

g. Minister and senior Party men Mr. O.Paneerselvam took additional charge of all

the Portfolios held by Former Chief Minister. The communication from the

Secretary to Governor, state as if it was done on CM’s Advice. This raises a

question that how a person who is in ventilator give an advice? Secondly the

Secretary to governor had signed the communication on individual capacity and

not on behalf of the governor.

h. Not even a single Photograph (or) video graph of the Chief Minister is published

for the whole Seventy Four days in which she has been under treatment.

i. Incidence happened on December 4th 2016 raises great suspicions as to how a

person who was said to have been recovered on 25.11.2016 got sudden Cardiac

arrest and the follow up actions done within the party needs a mention here.

Urgent call for all party mens, Secret party meeting were held on Hospital and

also in the party office. On 5th December also secret meeting's were done as if

they are going to be headless. Why such a call / urgent meeting's were not held

after hospitalisation.

j. Even before the death was officially announced Preparations were done for

Swearing of Mr.O.PaneerSelvam as Chief Minister of Tamil Nadu.

k. Person’s who viewed/witnessed the Chief Ministers dead Body on 6.12.2016,

found that both here legs were removed and more particularly Embalming has

been done to her body. Such Embalming has been done only to preserve a dead

body for longer period from decaying. Who granted permission for Embalming, if

She died on 5.12.2016 around 11.30 P.M, when this Embalming was done and as

such her burial was fixed on 6.12.2016 there need not be any requirement for

Embalming. Hence this raises Suspicion as to when actually the Chief Minister

was Dead.

7. The petitioner state that, in view of contradictions in the incidences happened in

the episode of sudden hospitalisation, recovery information, sudden cardiac death,

thumb impression, Advice to governor when in ventilator, drama happened on 4th and 5th

of December 2016, requires a full fledged inquiry. As the present issue relates to death

of Chief Minister of a state, and the issue is of great “PUBLIC IMPORTANCE”, it would

be appropriate to seek a remedy from the centre by requesting them to constitute

Commission of Inquiry headed by 3 retired judges of Hon’ble Supreme Court to inquire

and to submit a report to the Parliament regarding the mysterious death of the former

Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha.

8. The petitioner state that, since the entire official machinery of the Tamil Nadu state

is involved the petitioner would request the central Government to constitute the

commission at the earliest for the purpose of avoiding tampering of records. No doubt it

is for the commission to decide after investigation whether to go for Autopsy on the body

the former Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha, Hence preserving the body

in a manner known to law is an immediate request.

9. The petitioner state that, in many cases the Indian courts had entertained PIL’s of

similar nature and one classic example was that of our great National Leader Netaji

Subhash Chandra Bose in which case pursuant to direction of Hon’ble Division Bench of

Calcutta High Court in RudraJyotiBhattacharjee& Another Versus Union of India &

Others reported in AIR 1999 (CAL) 9 to enquire and find out whether NetajiSubhash

Chandra Bose was Dead or Alive. The administration accepted the said order and

appointed one man enquiry Commission under the aegis of Monoj Kumar Mukherjee, a

former Judge of the Apex Court to answer the following questions:

(a) Whether Netaji Subhash Chandra Bose is dead or alive;

(b) If I am dead, whether he died in the plane crash, as alleged;

(c) Whether the ashes in the Japanese Temple are ashes of Netaji;

(d) Whether he has died in any other manner at any other place and, if so, when & how;

(e) If I am alive, in respect of his whereabouts.

The Commission submitted its report on November 8, 2005. The detailed report in threevolumes answered as follows:

(a) NetajiSubhas Chandra Bose is dead;

(b) He did not die in the plane crash, as alleged;

(c) The ashes in the Japanese Temple are not of Netaji; (d) In absence of any clinchingevidence a positive answer cannot be given; and

(f) Answer already given in (a) above.

On May 16, 2006 the Ministry of Home Affairs, Government of India tabled the ActionTaken Report on the report of the Commission, before the Parliament. The ActionTaken Report would provide as follows :

“The Government have examined the Report submitted by the Commission on 8thNovember, 2005 in detail and have not agreed with the findings that –

(a) Netaji did not die in the plane crash; and

(b) The ashes in the Renkoji Temple were not of Netaji.”

The matter would rest at that stage. The cause is still left unfound.”

10. The petitioner state that, subsequently in W.P. No. 2003 of 2006 SHRI

RUDRA JYOTI BHATTACHARJEE & ORS. VS. UNION OF INDIA, the Division bench

had an occasion to touch it am sue relating to mysteries surrounding the death of

National leader Subash Chandra Bose had observed as follows

“OUR VIEW:

We would be concerned with the appropriate provisions of the said Act of 1952 to Mr.

R.N. Das find out our competence to deal with this issue. Section 3 would empower the

Union of India or the State to appoint Commission of Enquiry for the purpose of making

an enquiry into any definite matter of public importance and performing such functions

and submit report before the Parliament or the Assembly as the case may be. As soon

as the report would be submitted to the Government, the Government would lay the

same before the Parliament and/or the Assembly as the case may be, together with the

Action Taken Report on the same. The Mukherjee Commission was appointed under

Section 3 of the said Act of 1952. The Mukherjee Commission submitted its report

before the Government. Government placed the Action Taken Report before both

Houses of Parliament. They accepted the same. Article 122 would prevent us from

questioning the same through a judicial scrutiny. Hence, we are unhesitatingly of the

opinion, the Mukherjee Commission report or the Action Taken Report on the same is

not available to us for any judicial scrutiny. We are constrained to hold, the challenge to

the Action Taken Report is not maintainable. It is unfortunate, even after sixty-six years

of independence we would not know how our leader being universally acclaimed, spent

his last days. We would not know, how did he die. We would not know where he was

after he was last seen in early 1940s. Our Division Bench, in the earlier proceeding in

the case of RudraJyoti Bhattacharjee (supra), categorically asked the Government to

conduct a vigorous enquiry that the Central Government complied. We have nothing

further to do on that score. In the case of State of Karnataka (supra) the State filed a

suit in the Supreme Court for a declaration that the appointment of Commission by the

Central Government was illegal and ultra vires on the ground, the said Act of 1952 did

not authorize the Central Government to constitute such Commission. The

Seven-Judge Bench, per majority, held, the suit maintainable and thereafter observed,

the Central Government was quite competent under the said Act of 1952 to appoint

such Commission and the suit was liable to be dismissed.

On the issue of expenditure on Renkoji Temple, we are of the view, once the Central

Government by affidavit made it clear, they no more funded the maintenance of the said

Temple of the ashes, no interference on this score is required. On the Netaji Research

Bureau, it is common knowledge of all concerned, the Bureau is working on the

Research. Without any plausible reason being shown, there could not be any direction

for stoppage of the grant. While we hold, Is in all the three petitions would not be entitled

to any relief as claimed, we would still observe and express our hope and trust, the

Central Government, in their wisdom, would certainly keep it in mind and would explore

the possibility, if possible, to find out the answer on the issue which is a long cherished

desire of the people of the country. In short, it is our earnest endeavor to observe, the

issue must not be closed forever.”

11. The Petitioner state that, hence pursuant to court orders the government had

stepped inside to the issue of public importance of this nature. Here is a case of great

leader who died under mysterious circumstances which requires an independent probe.

Hence the present petition seeking for appointment of commission headed by 3

(Three) Retired Supreme court Judges under the provisions of Commissions of Inquiry

Act, 1952 to be set up by the Central Government to find out the truth and to inquire

into the mysterious death of the former Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha

as it was done in the case of Our National leader NetajiSubhash Chandra Bose

pursuant to direction of Hon’ble Division Bench of Calcutta High Court in

RudraJyotiBhattacharjee& Another Versus Union of India & Others reported in AIR 1999

(CAL) 9.

12. The petitioner state that, Pointing out these incidences, the petitioner had

made a representation to respondents to constitute the committee and also to keep the

corpus of the former Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha safely after getting

inputs from the experts till the commission concludes the inquiry.

13. The Petitioner states that, the suspicion involves various reports, documents,

records available with various departments and the hospital. The entire records needs

to be preserved before any act of tampering done by officials who involved in this whole

episode. The urgency in moving the present petition is to seek for a direction directing

this Hon’ble court to call for all the Official and relevant Records, Reports, Documents,

starting from the incident of admitting the former Chief Minister of Tamil Nadu

Ms.Dr.J.Jayalalitha into the hospital and till her Burial. These documents relates to the

incidences happened in the episode of sudden hospitalisation, recovery information,

sudden cardiac death, thumb impression, Advice to governor when in ventilator, drama

happened on 4th and 5th of December 2016 etc… unless these documents are called for

and kept under court custody there is a great likely hood of tampering of all the available

records and the purpose of the inquiry by commission would be defeated. Hence there

is a great urgency in moving the present petition during the Vacation.

14. The petitioner states that, I have no personal interest in the case. I have

never filed any public interest petition in any Court. I undertake to pay the costs, if any,

if this PIL is found to be intended for personal gain or oblique motive. I have filed this

petition from my own funds. I have using Permanent Account Number ALZPJ2207Q. To

my knowledge, there is no Public Interest Litigation pending before the Hon’ble Court on

this subject matter. This public interest litigation is maintainable in law. The contents of

this paragraph are in compliance with the Rules to regulate the Public Interest

Litigations filed under Article 226 of the Constitution of India.

Under the above said circumstances it is most humbly prayed that this Hon’ble

Court may be pleased to Issue a writ or any other appropriate writ, order or direction in

the nature of a Writ of Mandamus directing the respondents 1 to 4 to appoint a

Commission headed by Three Retired Supreme Court Judge’s under the provisions

of The Commissions of Inquiry Act, 1952 to find out the truth and to inquire into “the

Mysterious death of the former Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha” as it

was done in the case of Our National leader Netaji Subhash Chandra Bose pursuant to

direction of Hon’ble Division Bench of Calcutta High Court in RudraJyotiBhattacharjee&

Another Versus Union of India & Others reported in AIR 1999 (CAL) 9 by considering

the petitioner’s representation dated 16.12.2016 and pass any such further or other

order or orders as this Hon’ble Court may deem fit and proper in the circumstances of

the case and thus render justice.

Under the above said circumstances it is most humbly prayed that this Hon’ble

Court may be pleased to issue Interim direction calling for the all the Official and

relevant Records, Reports, Documents, from to the respondents 6 to 12 relating to the

mysterious death of the former Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha

involving several questionable incidences including the episode of sudden

hospitalisation of the former Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha, Her

recovery information, Her sudden cardiac death, imprinting her thumb impression on

election records, Advice to governor when she was in ventilator, Happenings on 4th and

5th of December 2016 etc till her Burial, pending the writ petition and pass such other

orders as this Hon’ble court thinks fit in interest of Justice

Solemnly affirmed at Chennai BEFORE ME

On this the day of December, 2016

And signed his name in

my presence. ADVOCATE: CHENNAI

MEMORANDAM OF WRIT PETITION

(Under Article 226 of the Constitution of India)

IN THE HIGH COURT OF JUDICATURE AT MADRAS(Special Original Jurisdiction)

W.P.No. of 2016

P.A.Joseph S/o. P.Antony,No.19/5, Prakadeeswarar Nagar,Arumbakkam,Chennai -106. …Petitioner

-Vs-

1. The Office of the Hon’ble Prime Minister of India,Rep by its Principal Secretary,152, South Block, Raisina Hill, New Delhi-110011.

2. The Director,Ministry of Parliamentary Affairs,Room. No. 92, Parliament House,New Delhi – 110001.

3. The Department of Ministry of Home AffairsRepresented by its Home SecretaryNorth Block, Central Secretariat,New Delhi – 110 001.

4. The Department of Law and Justice Represented by its secretary26, Mansingh Road,Jaisalmer HouseNew Delhi – 110011

5. The Director,Central Bureau of Investigation, Plot No. 5-B, 6th Floor, CGO Complex,Lodhi Road, New Delhi – 110003.

6. The state of Tamil Nadu,Rep by the Chief Secretary of State,Secretariat Buildings, Fort St.George, Chennai.

7. The State of Tamil Nadu Rep by its Home SecretarySecretariat Buildings,

Fort St.George,Chennai.

8. The State of Tamil Nadu,Department of Law,Rep by its Secretary,Fort St. George, Chennai – 9.

9. The Tamil Nadu Legislative Assembly,Rep by its Secretary,Fort St. George, Chennai – 9

10. The Director General of Police,O/o the Director General of PoliceMylapore, Chennai.

11. The Commissioner of Police,Chennai City Corporation,Veppary, Chennai.

12. The Chairman,Apollo Hospitals,No 21,Greams Lane, Chennai. …Respondents

WRIT PETITIONThe address for service of all notices and process on the petitioner is that of his

counsel M/s. E.VIJAY ANAND, G.V. SEETHA LEKSHMI& R. BASKARAN Advocates,

having office at, No.5/3, Seethammal Main Road, Alwarpet, and Chennai – 18.

The address for service of all notices and process on the respondents is as

stated above.

For the reasons stated in the accompanying affidavit, the petitioner prays that this

Hon’ble court may be pleased to Issue a writ or any other appropriate writ, order or

direction in the nature of a Writ of Mandamus directing the respondents 1 to 4 to appoint

a Commission headed by Three Retired Supreme Court Judge’s under the provisions

of The Commissions of Inquiry Act, 1952 to find out the truth and to inquire into “the

Mysterious death of the former Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha” as it

was done in the case of Our National leader Netaji Subhash Chandra Bose pursuant to

direction of Hon’ble Division Bench of Calcutta High Court in RudraJyotiBhattacharjee &

Another Versus Union of India & Others reported in AIR 1999 (CAL) 9 by considering

the petitioner’s representation dated 16.12.2016 and pass any such further or other

order or orders as this Hon’ble Court may deem fit and proper in the circumstances of

the case and thus render justice.

Dated at Chennai on this the day of December, 2016

Counsel for petitionerMEMORANDAM OF WRIT MISCELLANOUSE PETITION

( Under Article 226 of the Constitution of India)

IN THE HIGH COURT OF JUDICATURE AT MADRAS(Special Original Jurisdiction)

W.M.P.No. Of 2016

InW.P.No. Of 2016

P.A.Joseph S/o. P.Antony,No.19/5, Prakadeeswarar Nagar,Arumbakkam,Chennai -106. …Petitioner/Petitioner

-Vs-

1.The Office of the Hon’ble Prime Minister of India,Rep by its Principal Secretary,152, South Block, Raisina Hill, New Delhi-110011.

2. The Director,Ministry of Parliamentary Affairs,Room. No. 92, Parliament House,New Delhi – 110001.

3. The Department of Ministry of Home AffairsRepresented by its Home SecretaryNorth Block, Central Secretariat,New Delhi – 110 001.

4. The Department of Law and Justice Represented by its secretary26, Mansingh Road,Jaisalmer HouseNew Delhi – 110011

5. The Director,Central Bureau of Investigation, Plot No. 5-B, 6th Floor, CGO Complex,Lodhi Road, New Delhi – 110003.

6. The state of Tamil Nadu,Rep by the Chief Secretary of State,Secretariat Buildings, Fort St.George,Chennai.

7. The State of Tamil Nadu Rep by its Home Secretary

Secretariat Buildings, Fort St.George,Chennai.

8. The State of Tamil Nadu,Department of Law,Rep by its Secretary,Fort St. George, Chennai – 9.

9. The Tamil Nadu Legislative Assembly,Rep by its Secretary,Fort St. George, Chennai – 9

10.The Director General of Police,O/o the Director General of PoliceMylapore, Chennai.

11.The Commissioner of Police,Chennai City Corporation,Veppary, Chennai.

12. The Chairman,Apollo Hospitals,No 21,Greams Lane, Chennai. …Respondents/Respondents

DIRECTION PETITION

For the reasons stated in the accompanying affidavit, the petitioner prays that this

Hon’ble court may be pleased to issue Interim direction calling for the all the Official

and relevant Records, Reports, Documents, from to the respondents 6 to 12 relating to

the mysterious death of the former Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha

involving several questionable incidences including the episode of sudden

hospitalisation of the former Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha, Her

recovery information, Her sudden cardiac death, imprinting her thumb impression on

election records, Advice to governor when she was in ventilator, Happenings on 4th and

5th of December 2016 etc till her Burial, pending the writ petition and pass such other

orders as this Hon’ble court thinks fit in interest of Justice

Dated at Chennai on this the day of December, 2016

Counsel for petitioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS(Special Original Jurisdiction)

W.P.No. of 2016

P.A.Joseph S/o. P.Antony,No.19/5, Prakadeeswarar Nagar,Arumbakkam,Chennai -106. …Petitioner

-Vs-

1. The Office of the Hon’ble Prime Minister of India,Rep by its Principal Secretary,152, South Block, Raisina Hill, New Delhi-110011. …Respondents

INDEX TO THE TYPED SET PAPERS

Sr.No. Date Particulars Page No1 The Commissions of Inquiry Act, 19522 30.4.1998 Judgment in Rudra Jyoti Bhattacharjee & Another

Versus Union of India & Others reported in AIR 1999 (CAL) 9

3 19.09.2013 Judgement in W.P.No. 2003 0f 20064 09.04.2016 Petitioner’s Voter ID5 --- Petitioner’s PAN Card6 23.09.2016 Copy of the Apollo Hospital Press Release7 23.09.2016 Copy of the Apollo Hospital Press Release8 29.09.2016 Copy of the Apollo Hospital Press Release9 01.10.2016 Copy of the Rajbhavan press release10 02.10.2016 Copy of the Apollo Hospital Press Release11 03.10.2016 Copy of the Apollo Hospital Press Release12 04.10.2016 Copy of the Apollo Hospital Press Release13 05.10.2016 Copy of the Apollo Hospital press release14 06.10.2016 Copy of the Apollo Hospital press release15 08.10.2016 Copy of the Apollo Hospital Press Release16 10.10.2016 Copy of the Apollo Hospital Press Release17 11.10.2016 Copy of the RajBhavan press release18 21.10.2016 Copy of the Apollo Hospital press release19 22.10.2016 Copy of the Raj Bhavan Press Release20 04.12.2016 Copy of the Apollo Hospital Press Release21 05.12.2016 Copy of the Apollo Hospital Press Release22 06.12.2016 Copy of the Death Certificate23 16.12.2016 Petitioner’s representation

Certified that the above copies are true copies

Dated at Chennai on this the day of December, 2016

Counsel for

Petitioner IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W.P.No. of 2016

P.A.Joseph S/o. P.Antony,No.19/5, Prakadeeswarar Nagar,Arumbakkam,Chennai -106. …Petitioner

-Vs-

1. The Office of the Hon’ble Prime Minister of India,Rep by its Principal Secretary,152, South Block, Raisina Hill, New Delhi-110011 & Others …Respondents

SYNOPSIS

1.The petitioner is a public spirited person and petitioner moving this petition as a

responsible citizen of this country, as a valid voter under the representation of peoples

act, and as a basic member of political party namely AIADMK party wing. Petitioner was

just echoing the views of lakhs and lakhs of peoples who were totally kept under dark

about the ysterious admission of the former Chief Minister of Tamil Nadu

Ms.Dr.J.Jayalalitha to the hospital on September 22nd of 2016 (i.e) just 4 months from

the date of returning to power, and the follow up events happened in the hospital which

ended up in the death of famous national leader by breaking lakhs and lakhs of people’s

hearts

2. The present petition is filed in a Public Interest. The Present Petition is moved

seeking for appointment of commission headed by Retired Supreme court Judge under

the provisions of Commissions of Inquiry Act, 1952 be set up by the Central

Government to find out the truth and to inquire into the mysterious death of the former

Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha as it was done in the case of Our

National leader NetajiSubhash Chandra Bose pursuant to direction of Hon’ble Division

Bench of Calcutta High Court in RudraJyotiBhattacharjee& Another Versus Union of

India & Others reported in AIR 1999 (CAL) 9 to enquire and find out whether Netaji

Subhash Chandra Bose was Dead or Alive.

Date at Chennai on this the Day of December, 2016

Counsel for Petitioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W.P.No. of 2016

M/s. E. VIJAY ANAND G.V.SEETHA LEKSHMI

& R.BASKARAN Counsel for petitioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS(Special Original Jurisdiction)

W.P.No. of 2016

P.A.Joseph S/o. P.Antony,No.19/5, Prakadeeswarar Nagar,Arumbakkam,Chennai -106. …Petitioner

-Vs-1.The Office of the Hon’ble Prime Minister of India,Rep by its Principal Secretary,152, South Block, Raisina Hill, New Delhi-110011. …Respondents

Dates & Events

Sr.No. Dates Events1 The Commissions of Inquiry Act, 19522 30.4.1998 Judgment in Rudra Jyoti Bhattacharjee & Another Versus

Union of India & Others reported in AIR 1999 (CAL) 93 19.09.2013 Judgement in W.P.No. 2003 0f 20064 09.04.2016 Petitioner’s Voter ID5 --- Petitioner’s PAN Card6 23.09.2016 Copy of the Apollo Hospital Press Release7 23.09.2016 Copy of the Apollo Hospital Press Release8 29.09.2016 Copy of the Apollo Hospital Press Release9 01.10.2016 Copy of the Rajbhavan press release10 02.10.2016 Copy of the Apollo Hospital Press Release11 03.10.2016 Copy of the Apollo Hospital Press Release12 04.10.2016 Copy of the Apollo Hospital Press Release13 05.10.2016 Copy of the Apollo Hospital press release14 06.10.2016 Copy of the Apollo Hospital press release15 08.10.2016 Copy of the Apollo Hospital Press Release16 10.10.2016 Copy of the Apollo Hospital Press Release17 11.10.2016 Copy of the RajBhavan press release18 21.10.2016 Copy of the Apollo Hospital press release19 22.10.2016 Copy of the Raj Bhavan Press Release20 04.12.2016 Copy of the Apollo Hospital Press Release21 05.12.2016 Copy of the Apollo Hospital Press Release22 06.12.2016 Copy of the Death Certificate23 16.12.2016 Petitioner’s representation

Dated at Chennai on this the day of December, 2016

Counsel for Petitioner