The body of K Armstrong, BSP's Tamil Nadu chief who was hacked to death near his Chennai home Friday, cannot be buried at the party's office in the state capital, the Madras High Court ruled today, upholding the DMK government's stand.
The court said K Armstrong's body can be buried in a one-acre privately-owned plot in the adjoining Thiruvalluvar district. It added that the funeral procession taken out by BSP supporters must be held peacefully.
Earlier, the slain BSP leader's wife K Porkodi had filed a petition in court, seeking its approval to bury the body at the Chennai party office. The petitioners argued that the 2,600 square feet was owned by the BSP.
Additional Advocate General J Ravindran, appearing for the Tamil Nadu government, opposed the petition. "It is a residential area. Without going into merits, we have identified three places around 2,000 sq ft each close to the BSP office and their residence that they can choose for burial or memorial, whatever they want," he said, according to Bar and Bench.
Justice V Bhavani Subbarayan noted that burial is only allowed at pre-notified places and the petitioners would need the state government's permission.
"We have already passed a government order rejecting their demand as it is a primary residential area, thickly populated, inadequate approach road, and the building itself doesn't have requisite permissions," Mr Ravindran said.
Addressing Senior Advocate Chandrasubbu, appearing for K Armstrong's wife, the judge said, "Sentiment is different, but you cannot make a burial in a residential area as per the rules. That is why I am asking if you can choose another place.
"I understand your emotions but you have to understand what the court is saying. There will be a law and order problem and everyone will suffer then. This area has small lanes. You need a bigger place where thousands of people can gather. If something happens, you will not be responsible, but we all saw what happened in Hathras stampede," the court said.
Mr Ravindran said that the state government has a "heart, but our hands are tied because we have to go by rules".
"All of us are with them. We understand at this moment everyone is anguished and angry. But we can't risk a law and order problem," the judge added.
The body is currently at the Corporation School Ground in Chennai so that K Armstrong's supporters can pay tribute.
"I am saying this as a sister and not a judge. Complete the burial at the place that the State is giving now. Later you purchase a bigger area and we can decide on shifting the body there. You can't keep the body just like that for so many hours," the court said earlier today.
The petitioner then chose the Thiruvalluvar spot. The local panchayat has made the necessary arrangements. K Armstrong's family had also said they wanted to build a memorial. The court has asked them to proceed with the funeral and said that they can approach the state government over the memorial later.
After delivering the verdict, the court told the petitioner that it is aware that their loss cannot be compensation. "But also know that the State has been helpful to you."
"Let him be in peace now. Go support his wife. She has a small baby to take care of. Nobody is against anybody here," it added.
The 47-year-old state BSP chief was hacked to death by at least six people near his home on Friday evening. Eight suspects have been arrested so far and the city police have ruled out any political angle to the heinous crime.
BSP chief Mayawati has demanded a CBI investigation into the attack. "I urge the state government, especially the CM, to ensure law and order in the state. The weaker sections, in particular, should feel safe. Had the government been serious, the accused would have been arrested. Since that is not the case, we urge the state government to refer the case to the CBI," she said.