SC stunned over chargesheet on holiday
Sankaracharya Jayendra Saraswati is seeking transfer of the case outside the state.india Updated: Oct 04, 2005 20:48 IST
The Supreme Court wastaken by surprise on Tuesday over the filing of chargesheet on a holiday in the Sankararaman murder case in which the two Kanchi Sankaracharyas are facing trial.
"How the Magistrate sat on holiday. How did he came to know that prosecution was to file a chargesheet that day," a Bench comprising Chief Justice RC Lahoti and Justice GP Mathur observed during hearing of the plea of Sankaracharya Jayendra Saraswati seeking transfer of the case outside the state.
Senior advocate Fali S Nariman, appearing on behalf of Sankaracharya Jayendra Saraswati, pointed out that the chargesheet was filed in a Kancheepuram court on January 10 when it was a holiday on account of 'Eid'. He said the Magistrate sat the whole day waiting for it to be filed.
The petition had alleged that the "surcharged atmosphere" in the state was not conducive for a fair trial.
He also questioned the conduct of police saying that the Investigating Officer Prem Kumar, before filing the challan, went with it to Varadarajaperumal Temple and performed puja.
However, the court said there was no objection to the officer going to temple before filing the chargesheet but the opening of the court and presence of Magistrate on a holiday for the chargesheet was a worrying factor.
Nariman said the fanfare and the statements by the police after the filing of the chargesheet were objectionable.
"The accused were not given the copy of the chargesheet. But each and every reporter was having a copy of it and the Investigating Officer told them that it was now between Varadaraja (god) and Sankaracharya," he said.