The Hindu : National : Acharya's counsel submits further arguments for bail

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Thursday, Dec 02, 2004

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Acharya's counsel submits further arguments for bail

By Our Staff Reporter

CHENNAI, DEC. 1. A day after orders on the bail application of Kanchi Sankaracharya, Sri Jayendra Saraswathi, was reserved by the Madras High Court, the Acharya's senior counsel specially mentioned the matter in the court today and furnished additional points to reiterate his stand that the bar on granting bail in cases of grave offence should be properly understood.

Responding to the prosecution contention that the Supreme Court recently spelt out the conditions for enlarging on bail persons accused of grave offences, I. Subramaniam said the conditions were relevant only for that particular case and that it could not be considered as general proposition of law. "If it is construed as a general proposition of law, then it will be violative of a seven-member Bench order of the apex court," he added.

Such a view, he submitted, would make the grant of bail for any non-bailable offences difficult.

Section 437(1) of the Code of Criminal Procedure, which talked of "the reasonable ground for belief" and barred the grant of bail for grave offences punishable with life imprisonment or with death, and Section 439 of Cr.P.C., which bestowed on the High Court certain "discretion," stood on a different footing. "The latter is unfettered by Section 437," he said, adding that any interpretation contrary to that would amount to "legislating a provision against these two Sections."

Government advocate Abbudukumar Rajarathinam submitted to the Judge that the Public Prosecutor would give his reply to the additional point tomorrow, and added that the case diary, along with the judicial confessions and other materials, would be submitted in a sealed cover as directed by the court on Tuesday.

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