The excessive courtroom, whereas coping with an election petition, had on November 24 sought J Jayalalithaa’s thumb impression particulars which is obtainable with Bengaluru’s Parappana Agrahara Jail and the Distinctive Identification Authority of India (UIDAI).
The previous AIADMK chief had died on December 5 final 12 months.
The excessive courtroom had requested the authorities to offer the fingerprint particulars by at present in a matter referring to an election petition filed by P Saravanan, a DMK candidate for the November 2016 Thirupparankundram Meeting bypoll, difficult the election of AIADMK’s AK Bose.
The matter got here up for listening to at present earlier than a bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, which additionally issued a discover to the petitioner earlier than the excessive courtroom and requested him to file a reply inside eight weeks.
The bench mentioned there could be “keep of operation” on the excessive courtroom’s order.
Mr Bose has moved the highest courtroom towards the excessive courtroom’s route claiming it intruded into the elemental proper to privateness.
“Her dying doesn’t make any distinction as proper to privateness is obtainable to each citizen throughout his/her life time and even after the dying of that particular person,” the plea mentioned.
“The private particulars of a 3rd get together which is able to undoubtedly embrace the finger print couldn’t be divulged by the authorities holding the identical with out consent of the particular person to whom it belongs,” the plea claimed whereas looking for an exparte keep of the interim order of excessive courtroom.
Whereas the petition was pending earlier than the excessive courtroom, Mr Saravanan had filed a further affidavit, questioning the validity of the election paperwork.
He had alleged that the thumb impression of Ms Jayalalithaa was obtained with out her consent and information whereas she was unconscious, with the “connivance” of the docs and others who had been attending to the previous chief minister.
Ms Jayalalithaa was lodged in jail after her conviction within the Rs 65.66 crore disproportionate property case in 2014.
She had subsequently secured bail from the Supreme Courtroom and was launched on October 18, 2014, after spending 21 days within the jail.
The Karnataka Excessive Courtroom had later acquitted her and three of her associates of all prices, however the Supreme Courtroom on February 14 this 12 months had put aside the order.
Nevertheless, since Jayalalithaa died on December 5 final 12 months, the highest courtroom had abated the proceedings towards her.