The Hindu : Tamil Nadu News : Prosecution complains of `unusual procedures'

Online edition of India's National Newspaper
Friday, Dec 03, 2004

Tamil Nadu

Tamil Nadu

Prosecution complains of `unusual procedures'

By Our Staff Reporter

CHENNAI, DEC. 2. Complaining that "unusual procedures were being adopted" in the hearing of bail applications by the Kanchi Sankaracharya, the public prosecutor told the Madras High Court that the second plea was filed shortly after the first one was dismissed and that it "relied solely on the retraction of a co-accused, Kathiravan," in the Sankararaman murder case.

When the matter came up before Justice R. Balasubramanian, the public prosecutor, K. Duraiswamy, wanted it adjourned to Monday when senior counsel, K.T.S. Tulsi, would advance his arguments.

Referring to yesterday's submissions by the senior counsel for the Acharya, I. Subramaniam, he said, "I did not think the case would be reopened. They waited for Mr. Tulsi to leave before citing further authorities."

As for the argument that bail could be granted by invoking the "absolute power" enumerated in Section 439 of the Code of Criminal Procedure, Mr. Duraiswamy said irrespective of the legal position, the facts of the case warranted dismissal of the bail petition. The case diary, made available to the judge yesterday, gave sufficient details such as judicial statements recorded by two direct witnesses who actually saw the Acharya in the company of the other accused at the Kanchi Mutt.

Mr. Subramaniam, opposing long adjournments, said, "I am asking in all sincerity. Is it fair to put me behind bars and then say they want time for some other counsel to argue the case?" It was not a civil case in which time could be given for filing counter and advancing reply arguments.

Regard for Chief Minister

Mr. Subramaniam said he had the highest regard for the Chief Minister and that she had great compassion. Pointing out that he had served under her for more than eight years, the former public prosecutor said she herself told reporters in New Delhi that the arrest of the Acharya was the "most painful decision" in her life.

Assault case

He then referred to the Acharya's other bail application in an assault case, standing adjourned in a sessions court here, and wanted the prosecution to argue the case. To this, the judge said it was a fair request and asked the public prosecutor to argue the matter tomorrow.

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