Tamil Nadu - Others   

Notice to Government in Sankararaman murder case

J. Venkatesan

New Delhi: The Supreme Court on Monday issued notice to the Tamil Nadu Government on a special leave petition (SLP) filed by the Kanchi Sankaracharya Sri Jayendra Saraswati, the main accused in the Sankararaman murder case.

The Acharya has challenged a Madras High Court judgment allowing the Tamil Nadu Government to have its own public prosecutors for conducting the trial of the case in Pondicherry.

A Bench of Justices Arun Kumar and Tarun Chatterjee ordered notice returnable in two weeks and directed listing of the matter for further hearing in April.

`Overreaching orders'

Appearing for the Acharya, senior counsel Ashok Desai argued that the apex court had ordered shifting of the case to Pondicherry on the ground that there was apprehension in the minds of the accused created by the State machinery and the prosecuting agency. After the trial was shifted, the public prosecutor in Pondicherry wanted to proceed with it. However, the prosecutors from Tamil Nadu objected. This amounted to overreaching the orders of the apex court.

`No bar'

The Pondicherry Sessions Court judge had permitted the Tamil Nadu public prosecutors to conduct the trial. While hearing an appeal from the Acharya, the Madras High Court affirmed the Pondicherry Sessions Court's order.

Appearing for the State, senior counsel Rajeev Dhavan said no bias had been attributed to the public prosecutor. It was not for the accused to choose his prosecutor.

When Mr. Desai pleaded for stay of further proceedings, Mr. Dhavan opposed stay of the impugned judgment and even issue of notice and said the trial must go on. Mr. Desai then told the Bench, "We will tell the trial court that the Supreme Court is seized of the matter."

Stating that the matter required examination, the Bench issued notice to the State and directed it to be listed for further hearing in the month of April.

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