Charges framed by TN police false: Jethmalani

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Charges framed by TN police false: Jethmalani

Thursday November 18 2004 00:00 IST

 

 

CHENNAI: Supreme Court senior advocate Ram Jethmalani on Wednesday said that all the sweeping allegations made by the police against the Kanchi seer were either false or vague.

 

As the arguments on the bail application of Kanchi pontiff Jayendra Saraswathi resumed before Justice R Balasubramanian at 2.15 p.m. on Wednesday, Jethmalani argued that the Mutt did not have any account with the ICCI Bank. ``No money was withdrawn from the bank and no disbursement was made to the killers, as alleged by the prosecution,'' he said.

 

He pointed out that no identification parade has been conducted till date. The murder of Varadaraja Perumal Temple manager Sankararaman took place in broad day light on September 3 last. The temple was also crowded at the time of the occurrence. Yet, the police could not bring in any eyewitnesses to the incident. They had no evidence at all.

 

They had fully relied upon the confession statements made by the other accused, argued Jethmalani. ``According to the FIR, the assailants were unknown persons. The five persons, who surrendered before a court owning the murder charge, were also termed as bogus persons. Under these circumstances, an identification parade was necessary. Why was no such parade conducted till date,'' Jethmalani wondered.

 

He also claimed that the order passed by the Kancheepuram Judicial Magistrate remanding the Acharya to 15 days of judicial custody was totally void on several counts.

 

The Acharya was not informed about the grounds of arrest. He was denied legal aid. His advocates were prevented from meeting him. No opportunity was given to the Acharya before passing the order. The counsel, who managed to get into the Magistrate's chamber, where the order was passed, was not heard and, in fact, he was chided when he raised objections.

 

The judicial remand order was passed without hearing both the sides ``outside the court hours,'' Jethmalani said adding that the Acharya was kept under illegal custody, violating the fundamental rights enshrined in the Constitution.

 

``It was a travesty of justice because the police had miserably failed to disclose till today with whom the Acharya had conspired to murder Sankararaman,'' Jethamalani said.

 

If the prosecution did not want to furnish certain documents that were advantageous to the petitioner, it's better that it withdrew the prosecution, the senior counsel suggested.

 

Another Supreme Court senior lawyer K T S Tulsi, appearing for the State, submitted that the contentions of Jethmalani were contrary to the rulings of the Supreme Court. ``There were reasons to believe that the Acharya was connected with the crime. The investigation was at the infancy stage.

 

"The documents called for by the defence could not be furnished at this stage, because the accused would get forewarned. It would help only in burying the truth deeper and it would be counter-productive,'' he said.

 

Public prosecutor K Doraisamy produced a document listing the 10 accounts the Mutt had with the ICICI Bank in the names of several trusts. The arguments will continue on Thursday at 10.30 a.m.