The Hindu : Opinion / News Analysis : An interim relief for the Kanchi Acharya

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Thursday, Jan 13, 2005

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Opinion - News Analysis

An interim relief for the Kanchi Acharya

By V. Jayanth

CHENNAI, JAN. 12. The undertaking given by the prosecution in the Sessions Court here today that the Kanchi Sankaracharya, Sri Jayendra Saraswathi, would not be arrested till January 20 should provide a reprieve for the Acharya and his devotees. He will be free to continue with his daily pujas at Kalavai, at least till next Monday, when the Supreme Court may hear the Tamil Nadu Government's petition seeking his stay somewhere in north India.

There has been considerable unease in the Kanchi Sankara Mutt since Monday, when the senior Acharya won bail in the Supreme Court in the morning and the junior Sankaracharya, Sri Vijayendra Saraswathi, was taken into custody in the same case and the same charges. But just as the Kanchi Sankara Mutt and its staff prepared to receive Sri Jayendra Saraswathi after two months at the Vellore Central prison, they had a lurking fear that the police might also slap a third case against him — the assault of Thirukottiyur Madhavan. In response, an anticipatory bail petition was moved on behalf of the Sankaracharya on Tuesday. And today, the Government gave the assurance that there would be no arrest till January 20.

In the first phase of the Sankararaman murder case, things went totally wrong for the Sankara Mutt and the Sankaracharya. The Sessions Court refused his bail plea and the Madras High Court turned it down twice. Finally, it went up to the Supreme Court and it required the formidable lawyerly skills of Fali S. Nariman to secure bail. Till then, the prosecution team was going strong under K.T.S. Tulsi's leadership. Now, the Mutt tends to be believe that the tide may be turning in its favour.

Where did the prosecution lose out? According to legal circles, it has relied almost entirely on "confession statements" and the question of "motive" for the murder. The investigators did not look beyond the Sankaracharya for having a motive to eliminate the Kanchi Varadarajaperumal Temple manager, Sankararaman. But the Supreme Court Bench had just one question for which there seemed to be no convincing answer from the prosecution: Is there any prima facie other evidence linking the Acharya to the hired killers and the murder, other than the confessions?

Another chink in the prosecution's armour relates to the bank transactions. It was first argued that huge sums were withdrawn from the ICICI Bank account. Then it was asserted that the money was drawn from two or three banks. Finally, the apex court was told that Sri Jayendra Saraswathi had Rs. 50 lakhs with him in cash from advance paid on the sale of a Jan Kalyan property, and that this was used to pay the hired killers.

The defence counsel produced evidence to show that the money was deposited in the Indian Bank in May 2004 itself. These were the doubts that could have led the Supreme Court judges to grant the Acharya the benefit of doubt and release him on bail. There is also a feeling that the investigation team did not involve the senior officers at headquarters, and that their investigative expertise could have helped refine and polish the case.

The question that has been agitating the minds of the Mutt's devotees is why the police should arrest the junior Sankaracharya at this stage. The police insist that it is only an "evolution," and that following several rounds of questioning the time for taking him into custody had arrived. The indications came even on January 1, but the arrest of Sri Vijayendra Saraswathi took place only on January 10 — hours after the apex court granted his Guru bail. It is the timing of this arrest that has raised eyebrows. Significance is being read into the fact that the arrest followed and did not precede the Supreme Court's judgment.

Preparations are on for filing a bail application for Sri Vijayendra Saraswathi and the defence team expects it may not be difficult given the background of the senior Acharya's case and bail. The Mutt has two major concerns now — a possible search in its Kancheepuram premises and the next case that could be filed against Sri Jayendra Saraswathi.

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