Date:06/10/2005 URL: http://www.thehindu.com/2005/10/06/stories/2005100605371300.htm

National

It is unfair to say Jayalalithaa interfered with probe: counsel

Legal Correspondent

Chief Minister owes a duty to people to explain the correct position

NEW DELHI: "There is nothing wrong or improper in the judicial magistrate receiving the charge sheet in the Sankararaman murder case on January 21 on the public holiday for Bakrid," senior counsel Rajeev Dhavan asserted in the Supreme Court on Wednesday.

It was incorrect to say magistrate G. Uthamaraj was asked to come to the court on a holiday only for receiving the charge sheet, Mr. Dhavan, appearing for Tamil Nadu, told a Bench consisting of Chief Justice R.C. Lahoti and Justice G.P. Mathur. As the regular holiday magistrate was on leave that day, Mr. Uthamaraj was given additional charge of remand duty. He was in the court for that purpose and passed remand orders in one case.

"Since the investigation had been completed, we wanted to file the charge sheet urgently and because it was a long week-end, it was filed on Friday, which happened to be a public holiday."

Counsel denied that the charge sheet copy was placed at the feet of Lord Varadaraja in the Kancheepuram temple before it was presented in the court. He said "newspapers and media may say so many things but we deny that the charge sheet was taken to the temple."

On the allegation that Chief Minister Jayalalithaa showed undue interest in the case, counsel said, "it is an unfair and unwarranted criticism to say that she interfered in the investigation."

As there were several media reports criticising the arrest of the Acharya, Ms. Jayalalithaa as Chief Minister owed a duty to the people to explain the correct position and that was why she made a statement in the Assembly.

In issuing three press statements also, Ms. Jayalalithaa was only discharging her public duty in view of the extremely hostile situation prevailing in the State.

Opposing the petition filed by the Kanchi Sankaracharya, Sri Jayendra Saraswathi, seeking transfer of the case outside the State, Mr. Dhavan said when there was no allegation against the judiciary it would be wrong to say that the criminal justice delivery system in Tamil Nadu would not render justice freely and fairly.

He will continue his arguments on Thursday.