The Hindu : Front Page : Kanchi Acharya will not visit Mutt if released on bail: counsel

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Saturday, Jan 08, 2005

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Kanchi Acharya will not visit Mutt if released on bail: counsel

By J. Venkatesan

NEW DELHI, JAN. 7 . If the Supreme Court grants bail to the Kanchi Sankaracharya, Sri Jayendra Saraswathi in the Sankararaman murder case, he will not visit the Kanchi Sankara Mutt till the Tamil Nadu police complete their investigation.

Making this submission before a three-Judge Bench comprising the Chief Justice R.C. Lahoti, Justice G.P. Mathur and Justice P.P. Naolekar, senior counsel for the Acharya, Fali S. Nariman said that this would take care of the police apprehension that since most of the witnesses in the case being employees of the Sankara Mutt they would not be in a position to depose against the Acharya if he was released on bail.

Earlier, Mr. Nariman with documentary proof pointed out the changing stand of the prosecution regarding the Acharya's alleged role in paying the hirelings engaged for killing Sankararaman, manager of the Varadaraja Perumal temple in Kancheepuram. He drew attention to the prosecution stand before the Madras High Court that Rs. 50 lakhs had been withdrawn from three banks to pay the hired assassins and to the fact that the High Court had relied on this material fact while rejecting the bail on two occasions. But in the affidavit filed in the Supreme Court, they had said that Rs. 50 lakhs received on April 30, 2004 from the sale of land and kept by the Acharya in his room till September 1, 2004 was used for paying the hirelings. Mr. Nariman produced bank statements to show that the Rs. 50 lakhs was deposited on May 7, 2004 itself.

Inconsistency

In view of the inconsistency in the prosecution stand, he asked, "where is the money said to have been paid to the assailants?" He submitted that since this was a relevant material linking the Acharya with the conspiracy that had turned out to be false, the court should take note of it.

On the ruling in the Pappu Yadav case, Mr. Nariman said in that case the bail was sought after the chargesheet was filed but here the case was still in the investigation stage. Even otherwise, it was an erroneous law by a two-Judge Bench and could be overruled by a three-Judge Bench. He said there was no likelihood of the Acharya fleeing from justice as he was a well-known figure all over the world and it would be extremely difficult for him to flee the country. On the charge of tampering with evidence, Mr. Nariman said that though there were several pujas which required his presence at the Mutt, the Sankaracharya would not go to the Mutt and the junior Acharya would take care of the rituals as fortunately he had not been arrested till now.

`No change in stand'

Earlier, K.T.S. Tulsi, senior counsel for the Tamil Nadu Government, in his brief submissions, brought to the court's notice the statements of two witnesses recorded by a Magistrate that the deceased Sankararaman had told them that if anything happened to him, the Acharya should be held responsible for it. Mr Tulsi said that as per the rulings of the Supreme Court such statements should be taken as a dying declaration and considered a valid evidence under Section 32 of the Indian Evidence Act. He denied that the prosecution had changed its stand and said there were several materials connecting the Acharya with the conspiracy and the payment made to the hirelings.

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