Kanchi seer files plea in HC on public prosecutor

The petition seeks a direction to the Pondicherry government to appoint a public prosecutor for the Sankararaman murder case.

Kanchi seer Jayendra Saraswathi filed a petition in the Madras High Court on Thursday, seeking a direction to the Pondicherry government to appoint a public prosecutor for the Sankararaman murder case in which he is the prime accused, in place of those appointed by the Tamil Nadu government.

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Seeking to set aside a January 25 last order by the Principal district-cum-sessions judge, Pondicherry, dismissing his petition for appointing a Public Prosecutor (PP) from the union territory, the seer contended that according to Section 6, 7 (1) and 9 (1) of CrPC, the union territory alone was empowered to appoint a PP in its sessions division.

The Tamil Nadu government was not legally competent to appoint either a PP or Special PP, he contended.

The trial court had misconstrued the CRP provisions and committed a grave error in dismissing his petition, the Sankaracharya alleged.

He said the Supreme Court, while transferring the case to a Pondicherry court, on a petition filed by him, had passed scathing remarks about the actions of the prosecuting agency and the Tamil Nadu state investigating machinery.

Besides, he said Section 2(U) and Sec 24(8) of CrPC did not contemplate or permit the appointment of additional PPs.

Even assuming that the CRP provisions did permit such appointments, it was not open to Tamil Nadu to relax the condition in respect of the minimum bar experience for appointment as Additional Special Public Prosecutor.