Daughter' seeks nod for family to cremate Jayalalithaa's body

Chennai: Claiming herself as the daughter of former Tamil Nadu chief minister late J. Jayalalithaa, Amrutha S. has approached the Madras high court to direct the state government to permit the family members of Jayalalithaa to cremate her body as per the rites, rituals, customs of Vaishnava Iyengar Brahmin community to which Jayalalithaa belonged to within a time-frame to be fixed by the court, with due police protection to her and her family members at the time of the cremation.

Justice S. Vaidyanathan, before whom the petition filed by Amrutha came up for the hearing for deciding maintainability, posted to December 22, after senior counsel V. Prakash, appearing for the petitioner sought time to amend the prayer to include a plea to conduct a DNA test to establish the paternity of the petitioner.

When the case came up for hearing, advocate general Vijay Narayan assisted by special government pleader S. Diwakar submitted that in the absence of any authority to say that she is the legal heir, the petition is not maintainable, he added.

Pointing out that several persons were claiming that they are the legal heirs of Jayalalithaa, the judge orally said in order to put a quietus to the issue DNA test may be ordered. If the claim proves to be false after the test, the petitioner has to face the consequences, the judge added.

The judge said the person is no more and you are claiming that you are the daughter of her. There are other legal heirs, but you have not impleaded them.

Requesting the court to pass a gag order to restrain the media from publishing the family issues mentioned in the affidavit, senior counsel Prakash said the petitioner only wanted the court to direct the state government to permit the family members to cremate her body as per the rites and rituals. 

Advocate general said there is no material to show that she is her daughter. Even for a DNA test, this court has to arrive at a prima facie case, he added.

Senior counsel Prakash said the petitioner is willing to undergo DNA test provided the DNA samples of her mother is available. Prima facie the petitioner can show some records to prove that she is the daughter of the former chief minister. 

Petitioner's foster mother died earlier. When her foster father died in March 2017, he revealed this information to her. Telephone records will prove that Jayalalithaa made phone calls to the petitioner innumerable times, he added.

Stating that the petitioner has prima facie materials to show that she is the daughter of the former chief minister, Prakash sought time to amend the prayer.

Allowing his plea, the judge posted to tomorrow, the hearing of the petition for deciding maintainability.