The Hindu : Tamil Nadu News : Advocate pulled up for publicity petition

Online edition of India's National Newspaper
Wednesday, Nov 24, 2004

Tamil Nadu

Tamil Nadu

Advocate pulled up for publicity petition

By Our Staff Reporter

CHENNAI, NOV. 23. Censuring an advocate, who filed a habeas corpus (HCP) petition seeking the release of the jailed Kanchi Sankaracharya, Sri Jayendra Saraswathi, the Madras High Court said it would impose exemplary costs on him to curb such practice for publicity.

The petitioner, Wilfred Prakash, said the Acharya's arrest was the "culmination of a conspiracy by vested interests opposed to Indian spiritualism" and that the police were now searching for theories and motives to justify the arrest.

`Violations'

Stating that there were procedural violations and irregularities in the arrest, he prayed for interim bail for the Acharya, besides a direction to the police to produce him in court and set him at liberty forthwith.

When the matter came up before a Division Bench, comprising Justice M. Karpagavinayagam and Justice S. Ashok Kumar, for maintainability, counsel said the petitioner was the "next friend" of the Acharya.

To this, Mr. Justice Karpagavinayam said it was not enough if the petitioner considered himself the "next friend" of the arrestee. The latter too must feel that the petitioner was his "next friend." Also, any order passed on such petitions would affect only the arrestee, whose consent or instructions had not been obtained by the petitioner to move a HCP.

The judge wondered what was the necessity for filing a HCP when the "person concerned was tapping the doors of other courts." The remand court at Kancheepuram and a single judge of the High Court had passed orders on some petitions before them. "We are not here to consider the single judge's order [on the bail application of the Acharya], correct or not."

Referring to the fact that the court Registry had returned the petition twice and raised at least four objections, Mr. Justice Ashok Kumar said the advocate still insisted on the plea being posted before the court for maintainability. "It shows he was adamant."

When his suggestion to curb the menace was called for, the public prosecutor, K. Duraisamy, said a heavy cost should be imposed on such petitioners. Mr. Justice Karpagavinayagam then said the petition was not maintainable and since the petitioner had "wasted the court time," a heavy cost should be imposed on him. Posting the matter to November 25 for orders, the judge asked the Prosecutor to furnish rulings on the imposition of costs in such matters.

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