Date:16/03/2006 URL: http://www.thehindu.com/2006/03/16/stories/2006031616820700.htm

Tamil Nadu - Chennai

High Court declines to transfer assault case to Pondicherry

Special Correspondent

Tagging the murder and assault cases will result in delay in trial, says judge

CHENNAI: The Madras High Court on Wednesday declined to transfer the trial of the Radhakrishnan assault case from the First Additional Sessions Court here to the Principal Sessions Court in Pondicherry.

"There is no allegation in the transfer petition that the petitioner (Kanchi Acharya Sri Jayendra Saraswathi) may not get justice from the sessions court dealing with the case now," said Justice M. Jeyapaul.

Pointing out that as many as 370 witnesses had to be examined by the Pondicherry Sessions Court, which was already handling the Sankararaman murder case trial, the judge said it would be "tiresome" for that court to examine another 81 witnesses in the assault case.

He said tagging the murder and assault cases would result in delay in the conclusion of trial, and added: "As both the cases are not at all connected with each other, they cannot be clubbed together for common disposal."

Mr. Justice Jeyapaul then said, "considering the distinct nature of offences levelled against the petitioner and others, the separate investigation process, the materials collected by the investigating agency and the ordeal that may be faced by the witnesses who will be required to travel from Kancheepuram to Pondicherry to attend court proceedings, this court finds that the prayer for transfer of the case is not sustainable."