The Hindu : National : NHRC notice on junior Acharya's arrest stayed

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Friday, Jan 28, 2005

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National

NHRC notice on junior Acharya's arrest stayed

By A. Subramani

CHENNAI, JAN. 27. A National Human Rights Commission (NHRC) notice to the Tamil Nadu Government, questioning the propriety and the manner of arrest of the junior Sankaracharya of the Kanchi Mutt, Sri Vijayendra Saraswathi, in connection with the Sankararaman murder case was today stayed by the Madras High Court.

Justice K.P. Sivasubramaniam granted the interim stay on a writ petition filed by the Chief Secretary. He admitted the petition and ordered notice to the NHRC returnable in two weeks.

The impugned notice, dated January 13, raised issues such as the alleged disregard for religious sentiments at the time of arrest on January 10; selective leakage of certain video footage of the custodial examination of the senior Acharya, Sri Jayendra Saraswathi, and the break in the centuries-old traditions at the Mutt.

"Justifiable arrest"

The petition, filed by the Additional Superintendent of Police, S.P. Sakthivelu, on behalf of the Chief Secretary, said the Commission had proceeded on an "erroneous and mistaken belief, based on a misdirected newspaper publication," and added that it was a "justifiable arrest, made only in accordance with legal provisions bestowed on the investigation officer."

Claiming that the prosecution had enough evidence to indicate the "absolute and full involvement" of the junior Acharya in the offence, he said the search at the Mutt premises had been videographed. Police officers who participated in the search took every care to remove their footwear and showed the utmost respect to the junior Acharya. Also, "when he was produced before the Magistrate, the Sankaracharya never complained about any harassment."

Denying that Sri Vijayendra Saraswathi was arrested while he was offering puja, Mr. Sakthivelu said the Mutt premises could not be termed as a place of worship as no deity had been installed there. However, every religious sentiment was respected by the police while arresting the junior Acharya, he said adding that "such issues were raised deliberately to malign and sidetrack the main focus of the investigation."

As for the Commission's notice stating that the police had "selectively leaked" the custodial interrogation of the senior Acharya, the petitioner said that "even before any enquiry was conducted, the Commission had come to this conclusion indicating its bent of mind. No useful purpose will be served even if one appears before it...The Commission has already given the verdict that it has been leaked by the police."

"Investigation is an area where police has got unfettered powers without interference even from the judiciary, leave alone an organisation like the Commission," the official submitted. He said the NHRC had no jurisdiction to interfere with the investigation. "Notice by the NHRC questioning the authenticity of the arrest is nothing but questioning the very statutory power vested with the police." He further said that no devotee of the Mutt had complained about any violation of human rights.

K.T.S. Tulsi, senior counsel for the petitioner, also submitted that the NHRC could not interfere in cases pending in courts. "It cannot sit on the heads of courts," he said.

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