The Hindu : National : No identification parade of accused: Jethmalani

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Thursday, Nov 18, 2004

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National

No identification parade of accused: Jethmalani

By Our Special Correspondent

CHENNAI, NOV. 17. Senior counsel Ram Jethmalani told the Madras High Court today that Sankararaman, manager of the Sri Varadarajaperumal temple, Kancheepuram was murdered in broad daylight in a crowded temple and there were at least three eye-witnesses. But the First Information Report said the assailants were unknown till then.

A police officer interested in bringing the accused to book would have held an identification parade.

He said that initially five persons surrendered in connection with the case, but later police disowned them stating that they were bogus accused.

Later, the five were arrested in the case on some other charge. Did the police subject them to an identification parade, he asked. The Acharya was now in illegal custody.

Counsel referred to the affidavit of N.Sundaresan, Manager, Sree Kanchi Kamakoti Peetam, who had said that between September 3 (on which date the crime occurred) and September 23, police never visited the Mutt. Nor did they attempt to contact either him or the Acharya.

They questioned him only on September 29. No question was put to him about a cellphone or a bank or withdrawal of money or anything remotely suggesting the Acharya's complicity with the murder. When the Mutt Accountant, R.Vishwanathan, was questioned, no question about withdrawal of money from the bank was put to him.

The prosecution had not disclosed as to whom the Acharya had conspired with and this was a travesty of justice. Mr.Jethmalani submitted that initially the prosecution alleged that huge amounts were withdrawn from ICICI Bank.

Now it stated that huge amounts were withdrawn from Indian Bank, Sankara Mutt branch, Kancheepuram. To this, the Public Prosecutor, K.Duraisamy, replied that the petitioner had accounts in ICICI Bank, Kancheepuram, in the name of one of the Trusts, associated and under the command of the Mutt.

Counsel's arguments would continue tomorrow.

The prosecution today wanted to play a compact disc to strengthen its stand that there was no violation of Supreme Court guidelines at Mahbubnagar. A television set and the necessary equipment were also brought to the court hall today.

To a submission by senior counsel K.T.S. Tulsi, appearing for the prosecution, the judge made it clear that the pendency of the bail application could not come in the way of the Judicial Magistrate considering the police custody application in accordance with law.

The judge recorded Mr.Jethmalani's submission that the Magistrate could not pass any order on the application without hearing the petitioner and Mr. Tulsi's response that whatever hearing/opportunity to which the petitioner was entitled to in accordance with law at the time of deciding the application shall be afforded to him.

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