The Hindu : Front Page : Video footage shows arrest guidelines were followed: prosecution

Online edition of India's National Newspaper
Friday, Nov 19, 2004

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Video footage shows arrest guidelines were followed: prosecution

By K.T. Sangameswaran

CHENNAI, NOV. 18. The prosecution has a strong case against the Kanchi Sankaracharya, Sri Jayendra Saraswathi, in the killing of the manager of the Sri Varadarajaperumal temple, Kancheepuram, in September, K.T.S. Tulsi, senior counsel appearing for the prosecution, told the Madras High Court on Thursday.

Sri Jayendra Saraswathi was arrested on November 11 in connection with the murder and remanded to judicial custody.

In his arguments before Justice R. Balasubramanian, Mr. Tulsi said investigation so far showed that there was not only a motive, but there was also material to prove there was a conspiracy, including in the fake surrender of five persons to mislead investigation. At this stage, the prosecution would not give more details on the crime as such an attempt might endanger the lives of other people.

Orders reserved

After hearing the arguments, Mr. Justice Balasubramanian reserved orders on the Acharya's bail petition.

A video footage taken by the prosecution on what happened at Mahbubnagar, Andhra Pradesh, was screened in the court hall for a few minutes to show that the Supreme Court guidelines with regard to arrest were adhered to. A junior counsel on record for the Acharya, who earlier filed a statement that the grounds of arrest were not furnished to the accused, which the Judge described as a serious charge, withdrew it.

Countering the arguments of the Acharya's counsel, Mr. Tulsi said that there was a deep-rooted conspiracy and that there was material to show that Sri Jayendra Saraswathi had conspired.

The prosecution had sufficient material to show that the Acharya had telephonic conversations with some of the other accused before and after the murder. It had a record of the telephone calls made.

About Rs. 35 lakhs was withdrawn from various accounts between August and October this year. But Mr. Tulsi said that at this stage he was not willing to specify the accounts.

Documentary evidence

There was definite evidence, not only oral but also documentary, that the Acharya planned to flee justice, counsel said. The plan was also supported by the video-footage recording where a person was saying that had he escaped, arrest could have been avoided.

The Acharya was informed about the grounds of arrest. The police officials gave the respect due to him and they had their name badges. The Acharya was told about the case. The Acharya asked them: "Where is the warrant?"

He also asked whether the police had taken permission from the Chief Minister, and then said: "Tell CM, I will not come. If she says, I will come."

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