The Hindu : Front Page : Plea for extension of police custody for Kanchi Acharya rejected

Online edition of India's National Newspaper
Tuesday, Nov 23, 2004

Front Page

Front Page

Plea for extension of police custody for Kanchi Acharya rejected

By V. Venkatasubramanian

KANCHEEPURAM, NOV. 22. The Kancheepuram Judicial Magistrate Court-I today dismissed a petition filed by the prosecution seeking extension of the police custody for the Kanchi Sankaracharya, Sri Jayendra Saraswathi, for one more day. The Acharya had been arrested in connection with the murder of Sankararaman, Manager of the Varadarajaperumal temple here.

The Judicial Magistrate-I, G. Uthamaraj, in his order said that in view of the sworn affidavit filed by the Investigating Officer, S.P. Sakthivelu, it seemed that sufficient interrogation of the respondent had taken place and hence the Acharya's presence to scrutinise bank accounts was not necessary. "The bank records or accounts can be verified without the respondent's presence and hence the court dismisses the petition seeking the extension of police custody," he said.

`Interrogation delayed'

Earlier, when the court took up the petition, Mr. Sakthivelu submitted that the prosecution was not able to interrogate the respondent vis-a-vis the bank accounts and records since it was a weekend. Hence he sought extension of the police custody up to 2 p.m. on Tuesday, November 23.

He promised that the court directions on regular health checkups, providing food to the respondent and permitting him to meet his lawyer everyday would be adhered to during the extension period also.

When the Magistrate asked the Acharya whether the conditions had been fulfilled during the police custody, he nodded. Asked whether police harassed him, the Acharya again nodded. But the Magistrate insisted that he give an oral reply. Then the Acharya said he was not harassed.

Counsel's stand

Meanwhile, Y. Thiyagarajan, counsel for the Acharya, opposed extension of police custody saying that already the court had granted three days custody against the plea for five days. Also, the prosecution could very well scrutinise bank records or accounts without the presence of the respondent.

Further, if the court decided to extend the custody, the Acharya's counsel should be allowed to be present at the time of interrogation, of course at a distance, from where he could view the interrogation, counsel submitted.

At this juncture, senior counsel, K.S. Dinakaran, appearing for the Acharya, pointed out that an advocate was allowed to be present at a distance when the investigation officers grilled a person from Madurai in connection with a murder case on an earlier occasion.

Making his submission before the court in support of the petition, Senior Public Prosecutor, S. Jayakumar, said that opposition from the respondent was irrelevant in the context of the need that the prosecution be given a free hand to complete the investigation before the stipulated period of 90 days.

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