Karunanidhi to be laid to rest at Marina rules Madras HC

Updated: Wednesday, August 8, 2018, 14:22 [IST]

Chennai, Aug 8: The Madras High Court has allowed the body of M Karunanidhi to be buried at the Marina Beach. After hearing arguments at length the court said that there is no impediment on burying the body at the Marina.

Karunanidhi will be buried at Marina rules Madras HC, govt directed to allot land

The court also directed that the government allot land forthwith at Marina. The order was passed while allowing a petition filed by the DMK which challenged the government's order of not allowing the burial at Marina.

With this order Karunanidhi would be laid to rest at the Marina where other leaders such as C N Annadurai, M G Ramachandran and Jayalalithaa were buried.

To find out how the arguments unfolded in the court, check our updates below:

Aug 08, 2018, 12:09 PM IST

The Madras HC has only released an operative portion of the order in which it directed the TN government to allot space at Marina for the burial of Karunanidhi. The court said that the detailed order would follow later.

Aug 08, 2018, 11:56 AM IST

The TN government may move the Supreme Court against the order of the Madras HC which permitted the burial of M Karunanidhi at Marina. The government counsel is currently waiting for a certified copy of the order.

Aug 08, 2018, 10:59 AM IST

There is no impediment to bury Karunanidhi’s body in Marina says HC. The government is hereby directed to allow land forthwith, the court also orders.

Aug 08, 2018, 10:49 AM IST

The Madras High Court has said that Karunanidhi’s body will be buried at Marina. Petition by DMK allowed.

Aug 08, 2018, 10:47 AM IST

The verdict will be out anytime soon. The court is dictating orders on whether Karunanidhi’s body will be buried at Marina or not. If the order is not favourable to the TN government, it may approach the Supreme Court.

Aug 08, 2018, 10:27 AM IST

Arguments conclude, court is now dictating the order

Aug 08, 2018, 10:25 AM IST

DMK counsel Wilson says that Vaidyanathan has not argued legally. He argued with a vengeance. We are testing the decision of the government, this is not a writ of mandamus, Wilson also stated.

Aug 08, 2018, 10:20 AM IST

Why has a family member not approached the court, the HC asks the DMK counsel.

Aug 08, 2018, 10:19 AM IST

The application of mind has to be tested on the basis of circumstances that prevailed on the day when the decision was taken by the government. Defending the government’s actions, Vaidyanathan says it was a fair call.

Aug 08, 2018, 10:14 AM IST

The state has the highest respect for Karunanidhi, but the DMK petitioner is not espousing a bonafide cause and there is no ground made out to entertain the petition, the TN says in its concluding arguments.

Aug 08, 2018, 10:14 AM IST

We cannot dispose off a writ petition so urgently like this says TN government. Madras HC asks sarcastically, ‘ shall we adjourn it by a week?”

Aug 08, 2018, 10:09 AM IST

A sentiment cannot compel a court to issue a write of mandamus or direction says TN government. There has to be a right and corresponding duty to seek a writ of mandamus, the government further states.

Aug 08, 2018, 10:04 AM IST

A press release is not a government order, it cannot be challenged, says Vaidyanathan who is advancing arguments in favour of the TN government.

Aug 08, 2018, 10:04 AM IST

The government has passed a detailed order with all the reasons to deny a place at Marina for Karunanidhi. That has not been challenged by the DMK, the TN government contends.

Aug 08, 2018, 10:01 AM IST

Former CMs are not included in central government protocol. Nobody will is going to question you if your allow Karunanidhi’s body to be buried at Marina says HC.

Aug 08, 2018, 10:01 AM IST

Karunanidhi himself had followed this protocol. By going against it, it would actually amount to dishonouring him says TN govt.

Aug 08, 2018, 10:01 AM IST

Why did you not mention the protocol regarding the former Cs in the press release issued yesterday, asks court.

Aug 08, 2018, 9:55 AM IST

The petitioner R S Bharathi has not raised any ground with regard to discrimination. All that is mentioned in the petition is the violation of Article 14. Moreover the protocol with regard to funeral rites of high dignitaries has always been treated incumbent office holders and former office holders differently, TN government tells court.

Aug 08, 2018, 9:51 AM IST

How does denying space at Marina become violative of Article 14 of the Indian Constitution. Is there an averment in it regarding the Dravidian movement, asks C S Vaidyanathan who is arguing for the TN Government.

Aug 08, 2018, 9:47 AM IST

TN government says that the CM had asked for the precedents and then taken a decision. The government also said that even the right to a decent burial is not mentioned in the writ petition filed by the DMK.

Aug 08, 2018, 9:44 AM IST

If it is a valid classification, then why was it not mentioned in your press release, Bench asks TN government.

Aug 08, 2018, 9:42 AM IST

TN government argues that classification between a former and sitting CM is valid.

Aug 08, 2018, 9:37 AM IST

TN government cites Periyar, says he was the tallest leader of the Dravidian movement. Was he buried at the Marina, asks TN government counsel, Vaidyanathan.

Aug 08, 2018, 9:33 AM IST

Some commotion breaks out in the court after the counsel for the TN government uses the word stage-managed. The DMK objects to the use of the word, as the judges try to pacify the lawyers.

Aug 08, 2018, 9:31 AM IST

This is nothing but a political agenda being pursued by the DMK, TN government. The withdrawal of cases is stage managed and it is unfortunate, the government also says.

Aug 08, 2018, 9:31 AM IST

The TN government has begun submissions. Senior counsel Vaidyanathan is representing the TN government.

Aug 08, 2018, 9:29 AM IST

Arguing for the DMK, senior counsel Veera Kathiravan says that in its counter, the TN government has not disputed that Anna memorial is a notified burial ground.

Aug 08, 2018, 9:28 AM IST

The DMK finds loopholes in the Central Government protocol relied upon by the TN government. It says that the protocol has nothing to do with the burial ground. Karunanidhi should be buried along with his mentor (Anna). Only then will be termed as a decent burial.

Aug 08, 2018, 9:26 AM IST

There is no law that says only sitting CMs are eligible to be buried at Marina says DMK counsel. Out of the 7 crore population of Tamil Nadu, 1 crore are DMK followers and if land is not allowed at Marina, they will offended.

Aug 08, 2018, 9:20 AM IST

The court says it wants to see the order which granted permission to bury Jayalalithaa at Marina.

Aug 08, 2018, 7:45 am IST

The DMK argued that the law has not changed between the death of Karunanidhi and Jayalalithaa and hence his body should be buried at Marina.

Aug 08, 2018, 7:48 am IST

Activist Traffic Ramaswamy told the court that his petition relates to the relocation of the mausoleums of Anna, MGR and Jayalalithaa. The larger question can be decided after Karunanidhi is buried at Marina.

Aug 08, 2018, 7:48 am IST

Aug 08, 2018, 7:49 am IST

Justice Hulavadi G Ramesh tells TN government that the more time you take on deciding, the more trouble you may have to face in maintaining law and order.

Aug 08, 2018, 7:49 am IST

The TN government cited protocol as the reason for burying Jayalalithaa at Marina. However the DMK said that protocol is not the law.

Aug 08, 2018, 7:49 am IST

Tamil Nadu based advocate Duraiswamy has said that he had withdrawn his PIL. He alleged that there were "political motives behind not allowing Karunanidhi's burial at Marina beach" and said that his petition had nothing to do with providing Karunanidhi a place beside his political God-father Anna Durai. The petition was in fact against the burial of Jayalalithaa, he also said.

Aug 08, 2018, 7:50 am IST

The DMK will argue that Karunanidhi should be allowed to be buried at Marina given his political stature.

Aug 08, 2018, 7:50 am IST

In total there were five petitions pending in the HC on the issue relating to the burial of leaders at Marina. However with the death of Karunanidhi, four of the five have been withdrawn.

Aug 08, 2018, 7:51 am IST

Senior advocate Duraisamy told journalists, “The Anna Memorial does not fall under the Coastal Regulatory Zone since it was facing landward. Therefore there should not be any problem in allowing Kalaignar to be buried there.”

Aug 08, 2018, 8:09 am IST

Hearing in the Madras HC has begun

Aug 08, 2018, 8:09 am IST

The government has served its counter-affidavit on the DMK counsel

Aug 08, 2018, 8:14 am IST

In counter affidavit government cites examples of former CM Kamraj who was buried at Gandhi Mandapam. It was Karunanidhi who had allowed the said place and not any site in Marina as Kamraj was not a sitting CM, the government also said.

Aug 08, 2018, 8:16 am IST

Govt also says that there is another memorial for M Bhaktavatsalam, former CM at the Gandhi Mandapam. Memorials for these stalwarts indicate that a leader who was not serving as a CM are remembered at the Gandhi Mandapam, govt also says.

Aug 08, 2018, 8:16 am IST

The court has asked Traffic Ramaswamy to withdraw his case. He had told the court that his petition relates to the relocation of the mausoleums of Anna, MGR and Jayalalithaa. The larger question can be decided after Karunanidhi is buried at Marina.

Aug 08, 2018, 8:21 am IST

Traffic Ramasway has requested the court for more time to withdraw the case.

Aug 08, 2018, 8:21 am IST

Traffic Ramasway says he has no objection to Karunanidhi being buried at Marina. Acting CJ insists he withdraws the case. He prays for more time.

Aug 08, 2018, 8:27 am IST

Court records submission of Traffic Ramaswamy who said he has no objection to Karunanidhi being buried at Marina. He has been told to file a memo that he has no objection to Karunanidhi being buried at Marina.

Aug 08, 2018, 8:31 am IST

Madras HC has dismissed the petition filed by Traffic Ramaswamy, which challenged the construction of memorials at Marina.

Aug 08, 2018, 8:31 am IST

On DMK’s petition, the court has started dictating the order.

Aug 08, 2018, 8:33 am IST

The HC is currently dictating the order with the facts. The final order would be pronounced after hearing the counsels.

Aug 08, 2018, 8:37 am IST

State counsel C S Vaidyanathan says that the state is not in any urgency to get the order passed today. The court may pass it if it wants. This was in response to the court saying that it was dictating facts first as the order has to be delivered today itself.

Aug 08, 2018, 8:43 am IST

The court has recorded the contents of the counter affidavit filed by the Tamil Nadu government, which has opposed the DMK’s plea to bury Karunanidhi at Marina.

Aug 08, 2018, 8:47 am IST

The state argues that the DMK cannot challenge a press release issued by the government. In the press note, the government had expressed its inability to allot a space at Marina for the burial.

Aug 08, 2018, 8:53 am IST

Karunanidhi himself did not allot land at Marina for Janaki Ramachandran when he was the CM. He took into account the protocol manual, the government argues.

Aug 08, 2018, 8:56 am IST

Sitting chief ministers and former CMs cannot be treated as equals when it comes to protocol, the TN government says.

Aug 08, 2018, 8:57 am IST

The DMK has commenced arguments. The party is being represented by senior counsel, P Wilson.

Aug 08, 2018, 9:02 am IST

DMK’s counsel argues that Kamarajar and Gandhi Mandapam are in Adyar and not Marina because the ideologies of these leaders were different from that of the Dravidian leaders.

Aug 08, 2018, 9:05 am IST

Anna always said Karunanidhi is his life and soul. The ideologies of both DMK and AIADMK are more or less the same and hence MGR was given space at Marina, DMK argues.

Aug 08, 2018, 9:05 am IST

If Karunanidhi is not buried in Marina, it would hurt sentiments of people. It would amount to discrimination, argues, DMK.

Aug 08, 2018, 9:08 am IST

The grounds raised by the government are flimsy and not tenable legally says DMK.