04-01-2005, 02:00 AM
Acharya moves Supreme Court for transfer of case outside Tamil Nadu <!--QuoteBegin-->QUOTE<!--QuoteEBegin-->n his transfer petition, the Acharya said "the entire atmosphere generated by this case has prompted the Executive head of the State, the Chief Minister, who is also the Home Minister of the State, to make several statements both before and after the grant of bail on January 10. The different statements would establish that investigations are conducted under the order and directions of the Chief Minister."
Further, out of the 25 accused in the case, 16 accused, including the Kanchi Mutt Manager, Sundaresan, and Raghu, brother of the junior Acharya, Vijayendra Saraswathi, had been detained under the Goondas Act alleging that they were habitual offenders. This was done to deny bail to many of them as otherwise they would have been released on bail on the basis of the orders passed by the apex court.
The Acharya alleged that the entire investigation was done in an oppressive manner. The chargesheet in the case was filed on January 21 on a public holiday in view of Bakrid when the Magistrate was asked to come to the court to receive the chargesheet. He said that knowing fully well that the copies of the chargesheet were not ready, the accused were summoned to the court repeatedly.
He said "the atmosphere in Tamil Nadu is such that any trial that may be initiated or continued against the petitioner and other accused relating to the Kanchi Math would not be free and fair." Contending that judicial fairness and criminal justice system would be at stake, shaking the confidence of the public in the system and the rule of law, the Acharya sought shifting of the case for trial outside Tamil Nadu.<!--QuoteEnd--><!--QuoteEEnd-->
Further, out of the 25 accused in the case, 16 accused, including the Kanchi Mutt Manager, Sundaresan, and Raghu, brother of the junior Acharya, Vijayendra Saraswathi, had been detained under the Goondas Act alleging that they were habitual offenders. This was done to deny bail to many of them as otherwise they would have been released on bail on the basis of the orders passed by the apex court.
The Acharya alleged that the entire investigation was done in an oppressive manner. The chargesheet in the case was filed on January 21 on a public holiday in view of Bakrid when the Magistrate was asked to come to the court to receive the chargesheet. He said that knowing fully well that the copies of the chargesheet were not ready, the accused were summoned to the court repeatedly.
He said "the atmosphere in Tamil Nadu is such that any trial that may be initiated or continued against the petitioner and other accused relating to the Kanchi Math would not be free and fair." Contending that judicial fairness and criminal justice system would be at stake, shaking the confidence of the public in the system and the rule of law, the Acharya sought shifting of the case for trial outside Tamil Nadu.<!--QuoteEnd--><!--QuoteEEnd-->