The Hindu : National : `Direct links to proceed against acharya'

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Saturday, Nov 13, 2004

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National

`Direct links to proceed against acharya'

By A. Subramani

The Kanchi Sankaracharya, Sri Jayendra Saraswathi, at the Judicial Magistrate court in Kancheepuram on Friday. — Photo: S.R. Raghunathan

CHENNAI, NOV. 12. The Public Prosecutor in Tamil Nadu, K. Duraiswamy, told the Madras High Court today that there were three "incriminating evidence" against the Kanchi Sankaracharya, Sri Jayendra Saraswathi, whose bail petition came up for hearing before Justice R. Balasubramanian in the High Court.

Stating that there were "direct links" to proceed against him, the prosecutor said that Rs. 10 lakhs was withdrawn from the Sankara Mutt's account in the ICICI Bank after the September 3 murder. A substantial portion of the amount was later recovered from the accused persons and the currency numbers were "traceable to the mutt account." Several lakhs of rupees were withdrawn from the bank account and disbursed to the accused, including those who surrendered before courts claiming that they were the real culprits. He said the truth came out only when it was found out that one of the surrendered persons was still in jail on the date of murder.

Calls from cellphone

Secondly, according to Mr. Duraiswamy, several completed calls had been made from a cell phone, registered in the name of the mutt manager but "used exclusively" by Sri Jayendra Saraswathi, to many of the accused, who were "rowdy elements." "Before and after the occurrence there were direct phone calls between him and the other accused."

Further, the Public Prosecutor said, a letter written by the murdered Sankararaman "a day or two before the occurrence" and bearing his self-address, was recovered from the accused. On interrogation, they said the letter, addressed to Sri Jayendra Saraswathi, was given to them by him "for the purpose of finding the address." Describing the letter as a "final notice," the deceased had raised several allegations against the mutt head and had threatened to expose him, Mr. Duraiswamy said.

The former Public Prosecutor and senior counsel, I. Subramaniam, appearing for Sri Jayendra Saraswathi, countered the prosecution claims, stating that the alleged amount could have "passed many hands" and that the mutt had proper accounts for its transactions. As for the telephone calls, he said it was absurd to rely on statements obtained in police custody to the effect that a mobile phone registered in the name of somebody was used by somebody else for committing the offence. "Let the prosecution submit its proof here, and now."

Stating that Sri Jayendra Saraswathi was interrogated by police on three occasions, Mr. Subramaniam said the alleged letter of the deceased was never discussed, and added that it could have been "planted."

He reiterated that irrespective of the time sought by the prosecution to file counter, the court must order an "interim arrangement," by which the Acharya could be permitted to be lodged at a place other than the prison. He is 70 and there is no question of him tampering with evidence, Mr. Subramaniam said, and added that the Acharya also needed to do puja and prayers from morning to evening.

Opposing such an arrangement, Mr. Duraiswamy said: "Today is court holiday, still special treatment has been given to him. There is a limit for special treatments. He is the most undeserving criminal deserving no special treatment. We are also devotees of the mutt. We respect the seat but not the individual who is occupying it."

Mr. Justice Balasubramanian then posted the matter to Saturday for the prosecution to file a detailed counter-affidavit.

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