The Hindu : New Delhi News : Sankararaman case: plea for appointment of PP

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Sankararaman case: plea for appointment of PP

J. Venkatesan

“It is only the State where the case is transferred that should appoint prosecutors”
“Tamil Nadu continues to be the prosecuting agency and can appoint prosecutors”

New Delhi: Once a case is transferred out of a State, it is the responsibility of that State to appoint a Public Prosecutor to conduct the trial and not of the State where the offence was committed, argued counsel for Kanchi Sankaracharya Sri Jayendra Saraswathi in the Supreme Court on Wednesday.

Making submissions before a Bench comprising Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice Mukundakam Sharma, senior counsel U.R. Lalit said after the ‘Sankararaman murder case’, in which the Sankaracharya was the main accused, was shifted to Puducherry, it was Puducherry that could appoint a Public Prosecutor.

The Supreme Court in 2006 had stayed the trial of the case on a petition from the Sankaracharya and the matter which had raised important questions of law came up for final hearing on Wednesday.

Mr. Lalit said three questions should be decided in this case: which State could appoint a prosecutor for conducting the trial; which State should prefer an appeal in the event of the case ending in acquittal of the accused; and in which State the accused should file appeal in the event of conviction and sentence. Citing earlier judgments, he said “it is only the State where the case is transferred that should appoint prosecutors and file an appeal and the State where the offence was committed would have no jurisdiction.” Appearing for the State, senior counsel Altaf Ahmed said no bias was attributed to the public prosecutor appointed by Tamil Nadu. Even after the case was transferred to Puducherry, Tamil Nadu continued to be the prosecuting agency and it could appoint its own prosecutors to conduct the case.

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