The Hindu : Front Page : Court stays framing of charges

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Tuesday, Sep 06, 2005

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Court stays framing of charges

J. Venkatesan

Sankararaman case: Kanchi acharyas exempted from appearing in trial court

NEW DELHI: The Supreme Court stayed on Monday framing of charges against the Kanchi Sankaracharya, Sri Jayendra Saraswathi, the junior Sankaracharya, Sri Vijayendra Saraswathi, and others in the Sankararaman murder case.

The Chengalpattu Sessions Court had listed it for framing of charges on Monday. A Bench comprising Chief Justice R.C. Lahoti and Justice G.P. Mathur, passing orders on a petition by the Acharya seeking transfer of the case outside Tamil Nadu, said arguments could continue, but the actual framing of charges would be deferred till the apex court heard the transfer petition on October 4.

The Bench exempted the Acharyas from appearing in the trial court.

Senior counsel Fali Nariman appearing for the senior Acharya brought to the Bench's notice a trial court order directing appearance of all the accused for framing of charges on Monday. As per the tradition of the Kanchi Math, the Acharyas were performing `chaturmasya vratham' at Tirupati from July 20 and it would conclude only on September 17. If it was broken, it would affect their religious rights, he said.

To a question from the Bench, counsel said the Acharyas would not have any difficulty in appearing in the trial court if the framing of charges was fixed at a later date.

However, considering the difficulties expressed on behalf of the Acharyas, the Bench said the framing of charges would remain deferred.

Senior counsel Rajeev Dhavan, appearing for Tamil Nadu, denied that the trial court or the prosecution was interfering with the Acharyas' religious rights.

On Mr. Nariman's submission that the apex court was to hear on September 19 an application from the State seeking to keep the Acharya outside the State till the trial was completed, Mr. Dhavan said he would instruct the State to withdraw it.

The court posted the case for final hearing on October 4. It permitted Padma Sankararaman, wife of Sankararaman, to file an impleadment application.

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