Friday, March 18, 2005
High Court Justice declares Police Actions unacceptable
www.dinamalar.com/2005march19/fpnews3.asp
Saturday, March 19, 2005
3. "Fund collection for Sankaramutt cases: Action prohibited till further orders."
[Caption below pictures of Sankaracharya's reads:]
"As far as the Sankaramatam is concerned, none of the actions taken by Police are of an acceptable nature."
Chennai: Chennai High Court has given an interim order that, until [the court] gives orders on the summons served to the doctor in connection with the collection of contributions for the cases against Jayendrar and Sankaramatam, no further actions be taken.
The doctor belonging to Chennai has said in his petition as follows.
"I am a devotee of Jayendrar. I am working as a cardiologist in Sankara Nethralaya Hospital. I am organising the [defense of the] cases against Jayendrar, Vijayendrar and Sankaramatam.
The Kanchi Special Police have sent a summons to me. The summons says that I have asked the devotees for contributions in the website 'Kanchi Satya Digest'. The request for contributions from devotees has been made to meet the expenses of the court charges, document charges, copying charges, transport costs etc. Devotees are asked to send draft or check in the name of Kanchi Kamakoti Peetam. The request is made under the title 'Campaign For Dharma', it says.
The police have sent summons in connection with this website.The Special Police are in Kanchipuram. I am in Chennai. The police do not have authorityy to send summons under CRPC Section 160 to me in Chennai. Moreover, to request for contributions is not a crime. Hence, the summons dated 12th ordering to appear on 17th should be dismissed."
This is what the petition said.
This petition came for hearing before Judge K.P.Sivasubramaniam. Senior lawyer Chanduru appeared on behalf of the petitioner and argued:
"It is not necessary for the petitioner to go and appear in Kanchipuram. The police should come and interrogate. As per the High Court's order, all bank transaction details are given to the Special Police every month. In this case, to appear on behalf of the Investigating Officer (Premkumar), a senior lawyer has been appointed by the Government. His fees will be borne by the Government. This matter [ie Dr. Bhaskar's effort] is just the same. There is nothing illegal in this.The summons has been sent solely to harass."
Senior Lawyer Vijayanarayanan argued on behalf of officer Premkumar:
"The petitioner should have appeared on the 17th. That time has expired now. I will file a reply petition with regard to this petition." Special Pleader who appeared for the Prosecution asked for time to file a reply petition.
Then Judge K.P. Sivasubramoniam said thus:
"You should advise your officers better. I cannot say certain things sitting here. During the Sankaramatam Bank accounts cases itself, I told the Prosecution 'Do not stray and go into extraneous matters'. Your Investigation Team is bent on getting into only extraneous matters. If you need any information from the petitioner you could have gone to him to question him. I am telling what is in my mind.
I am considering whether to send the cases related to Sankaramutt to another judge for hearing. None of the actions taken by the police are of an acceptable nature. Many cases related to Sankaramatam come before me. If I give judgement, it will appear as unfavourable to the Prosecution.
Somebody is collecting contributions. Why is the Special Police concerned with it? When there is enormous fund on the Government side, the other side may also think that they need funds to conduct [the defense of] the cases. If the Sankaramatam does not permit the collection of contributions, then other kinds of actions can be taken." So said the [Honorable] Justice.
Then, the hearing was postponed to [March] 22nd and Judge K.P.Sivasubramoniam also ordered the Kanchi special police not to take any action until further orders were given.
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Saturday, March 19, 2005
3. "Fund collection for Sankaramutt cases: Action prohibited till further orders."
[Caption below pictures of Sankaracharya's reads:]
"As far as the Sankaramatam is concerned, none of the actions taken by Police are of an acceptable nature."
Chennai: Chennai High Court has given an interim order that, until [the court] gives orders on the summons served to the doctor in connection with the collection of contributions for the cases against Jayendrar and Sankaramatam, no further actions be taken.
The doctor belonging to Chennai has said in his petition as follows.
"I am a devotee of Jayendrar. I am working as a cardiologist in Sankara Nethralaya Hospital. I am organising the [defense of the] cases against Jayendrar, Vijayendrar and Sankaramatam.
The Kanchi Special Police have sent a summons to me. The summons says that I have asked the devotees for contributions in the website 'Kanchi Satya Digest'. The request for contributions from devotees has been made to meet the expenses of the court charges, document charges, copying charges, transport costs etc. Devotees are asked to send draft or check in the name of Kanchi Kamakoti Peetam. The request is made under the title 'Campaign For Dharma', it says.
The police have sent summons in connection with this website.The Special Police are in Kanchipuram. I am in Chennai. The police do not have authorityy to send summons under CRPC Section 160 to me in Chennai. Moreover, to request for contributions is not a crime. Hence, the summons dated 12th ordering to appear on 17th should be dismissed."
This is what the petition said.
This petition came for hearing before Judge K.P.Sivasubramaniam. Senior lawyer Chanduru appeared on behalf of the petitioner and argued:
"It is not necessary for the petitioner to go and appear in Kanchipuram. The police should come and interrogate. As per the High Court's order, all bank transaction details are given to the Special Police every month. In this case, to appear on behalf of the Investigating Officer (Premkumar), a senior lawyer has been appointed by the Government. His fees will be borne by the Government. This matter [ie Dr. Bhaskar's effort] is just the same. There is nothing illegal in this.The summons has been sent solely to harass."
Senior Lawyer Vijayanarayanan argued on behalf of officer Premkumar:
"The petitioner should have appeared on the 17th. That time has expired now. I will file a reply petition with regard to this petition." Special Pleader who appeared for the Prosecution asked for time to file a reply petition.
Then Judge K.P. Sivasubramoniam said thus:
"You should advise your officers better. I cannot say certain things sitting here. During the Sankaramatam Bank accounts cases itself, I told the Prosecution 'Do not stray and go into extraneous matters'. Your Investigation Team is bent on getting into only extraneous matters. If you need any information from the petitioner you could have gone to him to question him. I am telling what is in my mind.
I am considering whether to send the cases related to Sankaramutt to another judge for hearing. None of the actions taken by the police are of an acceptable nature. Many cases related to Sankaramatam come before me. If I give judgement, it will appear as unfavourable to the Prosecution.
Somebody is collecting contributions. Why is the Special Police concerned with it? When there is enormous fund on the Government side, the other side may also think that they need funds to conduct [the defense of] the cases. If the Sankaramatam does not permit the collection of contributions, then other kinds of actions can be taken." So said the [Honorable] Justice.
Then, the hearing was postponed to [March] 22nd and Judge K.P.Sivasubramoniam also ordered the Kanchi special police not to take any action until further orders were given.
