Initial Key Judgements on Kanchi Case
“Nobody is above the law of our country. Let truth prevail and the guilty be punished”
-- His Holiness Jagadguru Shankaracharya Sri Jayendra Saraswathi Swamigal of Sri Kanchi Kamakoti Peetham
The case against the Shankaracharyas is a curious mixture of fiction and force (oppression). To the devout who have been shell shocked, everyone concerned with probity has turned a Nelson's eye under the specious plea “Let the law take its course”. As events have unfolded, the higher courts of the land have, in their judgments, asserted the rule of the law and put speed breakers in the designs of an oppressive state machinery It has now sunk into most that the Shankaracharyas are victims of politics. Below are extracts from key court decisions:
1. The Supreme Court Judgment granting bail to HH Sri Jayendra Saraswathi Swamigal on 10/1/2005
BENCH: CJI R. C. Lahoti, G. P. Mathur & P.P. Naolekar
- “There is absolutely no evidence or material collected so far in investigation which may indicate that the petitioner had ever shown any resentment against the deceased for having made allegations against either his personal character or the discharge of his duties as Shankaracharya of the Mutt. The petitioner having kept absolutely quiet for over three years, it does not appeal to reason that he suddenly decided to have Sankararaman murdered and entered into a conspiracy for the said purpose.”
- " No documents of the account in ICICI bank have been produced in support of the plea which was twice taken by the prosecution before the High Court while opposing the prayer for bail made by the petitioner.”
- “ Confession of a co-accused is obviously evidence of a very weak type and it does not come within the definition of evidence contained in Section 3 as it is not required to be given on oath, nor in the presence of the accused and it cannot be tested by cross-examination.”
- “ No worthwhile prima facie evidence apart from the alleged confessions has been brought to our notice to show that the petitioner was party to a conspiracy...”
- “It looks highly improbable that the petitioner would talk about the commission of murder at such a time and place where his talks could be heard by total strangers.”
2. High Court Judgment granting bail to HH Sri Vijayendra Saraswathi Swamigal on 10/2/2005
The Honourable Thiru Justice M. Thanikachalam
- “ The other materials produced probably to prove the payment to the mercenaries or hirelings, at present, also failed to give any support.”
- “I am constrained to say, at present, for the limited purpose of this application, that no prima facie case has been made out against the petitioner”
3. Freezing of Mutt's Accounts Case: In the High Court Judicature at Madras on 11/2/2005
The Honourable Mr. Justice K.P. Sivasubramaniam
- “ The power which is used for a particular purpose cannot be stretched to irrelevant matters and to extremes and to a breaking point, in the event of which, the Court, is compelled to interfere. Discretion to use the powers should be used and exercised cautiously, failing which, it becomes misuse of discretion and tainted with arbitrariness.”
- “The impugned action in invoking Section 102 Cr.P.C. for freezing of accounts of the Mutt is ultra vires the said provision, illegal and liable to be set aside”
4. Thirukoshtiyur Madhavan case: Madras High Court, 28/1/2005
The Honourable Thiru Justice M. Thanikachalam
• “Considering all these facts and circumstances of the case, as well as the inordinate delay in preferring the complaint, and considering the towering fact, that at the earliest opportunity, the complainant had reported that he had sustained injuries only in the road accident, I am of the undoubted view, that this case must be a foisted one.”
5. Writ Petition NO. 23220 of 2204, High Court, Andhra Pradesh
The Honourable Justice L. Narashimha Reddy
- “The amount of disrepute and sacrilege inflicted upon Sri. Jayendra Saraswathi, as of now, is so enormous, that it hardly has any comparables. Harshest possible words and expressions were used either directly or in innuendo.”
- “There are certain institutions in every country, which constitute their conscience and pride, and irrespective of the form of the Government, they are respected and revered. In doing so, the country and its people, in fact respect themselves.”
- “The importance of spiritual organizations and institutions can by no means be underestimated in the matter of building and shaping a country, or for that matter, the society.”
- “An expression which has gained considerable currency in the recent past is “Law will take its own course”. With due deference to those who coined it or those who firmly believe in it, it can be said that it is not true, at least in part. For this adage to become true there has to be sincerity and honesty at all levels in all those who are associated with administration of justice.”
- “ In a way and in a sense, this writ petition demonstrates the extent to which the institutions of ancient origin as well as the concept of public interest litigation have become vulnerable. It also indicates the abyssal levels, to which the norms of journalism have drifted.”
- “In the recent past, the freedom of the prosecuting agency, and that of the Courts, to deal with the cases before them freely and objectively, is substantially eroded, on account of the overactive or proactive stances taken in the presentations made by the print and electronic media.”