CHENNAI: Two key accused in the `Sankararaman murder case' — K.G. Krishnasamy alias Appu and M. Kadirvan — have moved the Madras High Court to stay all further proceedings in the case, on the ground that its committal from a Kancheepuram magistrate court was marred by serious violations.

Justice S.R. Singharavelu, before whom the criminal original petitions came up for hearing on Friday, adjourned the matter to May 10, to be heard by the first vacation bench of the court.

While Kadiravan is in judicial custody since his arrest on November 10, 2004, Appu surrendered before police on December 19, 2004. Charge sheet running to 1,843 pages in the case was filed before the Judicial Magistrate Court at Kancheepuram on January 21, 2005, and the matter was committed to the Chengalpattu Sessions Court for trial on April 13.

Appu contended that since the lone approver in the case, Ravi Subramaniam, was examined in court during committal proceedings, the accused are entitled to cross-examine him. He said copies of the charge sheet were given to the accused on March 31, and the chief examination of the approver commenced on April 7. He said he had only seven days to read and understand the papers and consult his advocates. His petition seeking more time to go through the documents and defer the examination of the approver was turned by the Magistrate on April 7.

Stating that he was a native of Andhra Pradesh and knew only Telugu, and adding that he had already applied for a Telugu version of the charge sheet, Appu said his pleas had been rejected by the Magistrate who, he said "disregarded the vital interest of the accused and the requirement of fair play." He alleged that the Magistrate dismissed his petitions without any notice to the respondent and that "grave violation and injustice had been done" to him.

"It cannot be said that the petitioner had a reasonable opportunity to defend himself in the proceedings," he said, adding, "the proceedings had been conducted in an arbitrary manner disregarding the rights of the accused."

Claiming that the entire committal proceedings had become "invalid," Appu sought to set aside the committal order and a direction to do the committal proceedings afresh.

In a similar petition, Kadiravan said the statements recorded from him, both the confession and the retraction of the confession, were made not made available to him. "The failure to supply the statement from Kadiravan/petitioner has vitiated the proceedings and violated principles of natural justice ... The prosecution is under a duty to disclose all materials, which are in its knowledge and which will assist the defence of accused." He also submitted that the denial of permission to cross-examine the approver had seriously prejudiced his defence.

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