The Hindu : Tamil Nadu News : Ravi Subramaniam not examined, case adjourned

Online edition of India's National Newspaper
Wednesday, Apr 06, 2005

Tamil Nadu

Tamil Nadu

Ravi Subramaniam not examined, case adjourned

By K.T. Sangameswaran

KANCHEEPURAM, APRIL 5. The prosecution examination of approver Ravi Subramaniam in the Sankararaman murder case did not take place here today as expected. The case was adjourned to April 7.

Defence counsel said the prosecution could not hurry up the case. The rights of the accused should be protected.

Both the Kanchi Acharyas, Sri Jayendra Saraswathi and Sri Vijayendra Saraswathi, were not present. Petitions seeking to dispense with their appearance were allowed.

The judicial magistrate-I, G. Uthamaraj, extended till April 7 the remand for the accused, who were in judicial custody.

Defence petitions for a copy of the charge sheet in Telugu, for cross-examination of the approver and for a list of documents which the prosecution proposes to rely upon are pending.

As for the application by Appu, an accused, seeking a charge sheet copy in Telugu, the special public prosecutor (SPP), Balasundaram, and the assistant public prosecutor, S. Thyagarajan, submitted a report from the school where he studied. It was mentioned that Appu studied in Standard X in 1973-74 and was qualified for promotion. He studied Tamil under Part I. His mother tongue was Telugu.

Senior counsel D. Lakshmana Reddiyar, objecting, said the prosecution was submitting a document without filing a counter.

Another counsel said the document copy should be furnished to accused. Without complying with this requirement, the prosecution could not press for examining the approver.

Senior counsel K.S. Dinakaran said that at the last hearing a copy of a memo filed by the prosecution on a petition by the senior Acharya for deferment of the case was not given. "There should be no haste."

Mr. Balasundaram said he was putting forth arguments and there was no need for a counter. The magistrate said the prosecution might or might not file a counter. It was for the court to decide.

Mr. Dinakaran filed a petition seeking a list of documents furnished to the accused. In an age of scientific advancement there was no such thing as a "voluminous document." There were even videographs and compact discs in the case "which were leaked to the Press." Hence, the list of voluminous documents could be provided.

At the last hearing the magistrate said voluminous documents were not furnished along with charge sheet copies and that these could be perused in the court.

The SPP said the Criminal Procedure Code (provision 207) clearly laid down what should be given to the accused. They could not ask for anything outside the legal provision.

Defence counsel said the prosecution was putting forth arguments without filing counters to petitions.

Pressmen vacate space

Earlier, the police tried to prevent presspersons from entering the court hall. However, they entered, stating it was for the magistrate to order them out if he decided so. When the magistrate said those "unconnected with the case" could go out. The press could also leave.

However, Mr. Reddiar said unless the court passed an order of in-camera proceedings nobody could be asked to go out. The magistrate said the proceedings were not in-camera.

But for reasons of space constraint, he was seeking the cooperation of all. Later, the presspersons, standing near the rostrum, were asked to go behind. When they left, the space was occupied by the police including plainclothesmen.

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