Thursday, Jan 13, 2005
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By J. Venkatesan
NEW DELHI, JAN. 12. The Tamil Nadu Government today filed an application in the Supreme Court for a direction to the Kanchi Sankaracharya, Sri Jayendra Saraswathi, to stay in north India to prevent tampering of evidence. The Acharya, who was granted bail on January 12, is now staying at Kalavai near Kancheepuram. In its application, the State said that while granting bail the court had asked the Acharya not to visit the Kanchi Mutt till the chargesheet was filed in the Sankaraman murder case. It was submitted that the investigation was under progress. A majority of the witnesses belonged to Kancheepuram and depended on the Mutt for their livelihood. As the head of the Mutt, the Acharya had enormous influence and it was apprehended that if he stayed in any part of south India, he would be in a position to influence and threaten the witnesses. His very presence would dampen their spirits. The other employees of the Mutt would be in a position to communicate with him on a daily basis and carry out his commands by influencing the witnesses. The application said that if the Acharya was permitted to stay in any of the four southern States or in Pondicherry, he would be in a position not only to tamper with evidence, such as bank records and accounts of the Mutt, but also threaten the witnesses and compel them to refrain from speaking the truth. "The Kanchi Mutt has got its centres all over India, including in Delhi, and he may stay anywhere else in India till the trial is over." Further, when the Acharya was arrested he was making plans to flee the country. Therefore, to secure his presence, it was expedient to direct him to report to the police station once a day to ensure that he did not flee from justice. The court should also restrain him or the Mutt employees or his followers or anyone representing him or on his behalf from giving press interviews during the course of the investigation.
Deletion of observations sought
By another petition, the Tamil Nadu Government sought the deletion of certain portions of the judgment granting bail to the Acharya since they dealt with the merits of the case and there was a possibility of the parties getting prejudiced when the matter was taken up for trial by the lower court. The petition, in particular, took exception to the portions relating to the findings of the court on the bank accounts, confession statements of the co-accused, the conspiracy and the dying declaration of Sankararaman. It said the observations were contrary to the records and no opportunity was given to the State to produce the plethora of evidence collected, as the court called for only specific documents. The petition pointed out that the apex court, in a number of decisions, had found fault with other courts that findings on merit at the initial bail stage when even the investigation was not complete must be avoided. "Appellate courts normally do not make observations on merits while deciding applications for bail," it said and sought deletion of the relevant paragraphs from the judgment.
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