New Delhi, May 1 (UNI) The Supreme Court today stayed the trial in Shankaraman murder case till further orders.
A division bench, comprising Justice K G Balakrishnan and Justice D K Jain, after hearing an application filed by Kanchi Shankaracharya Jayanendra Saraswati -- main accused in the case -- for the transfer of public prosecutor appointed by the Tamil Nadu government, posted the matter till second week of July.
The apex court stayed the trial, pending with a Pondicherry Sessions Court, after senior counsel S S Nariman appearing for the petitioner informed that it is scheduled to proceed on a day-to-day basis with effect from June 7.
Nariman also contended as the case has been transfered out of Tamil Nadu, it is the prosecutor of transferee state (Pondicherry) who is competent to prosecute the accused.
The court was also agreeable with the stand taken by Nariman.
Senior counsel Rajiv Dhawan, appearing for Tamil Nadu government, however pleaded that the Tamil Nadu continued to be a prosecuting state though the case has been transfered out side the state.
When the court asked which state shall file an appeal in case of acquittal, Mr Nariman replied it should be Pondicherry, but Mr Dhawan insisted that it will be Tamilnadu.
Shankaraman, Manager of Kanchi Muth, was found dead in January 2005. The case of his murder was tranferred out of Tamil Nadu for trail on the plea of Shankaracharaya that in view of the personal interest being taken by Tamil Nadu Chief Minister J Jayalalithha, free and fair trail was not possible in Tamil Nadu.
UNI AKS-SC VJ HS1409
A division bench, comprising Justice K G Balakrishnan and Justice D K Jain, after hearing an application filed by Kanchi Shankaracharya Jayanendra Saraswati -- main accused in the case -- for the transfer of public prosecutor appointed by the Tamil Nadu government, posted the matter till second week of July.
The apex court stayed the trial, pending with a Pondicherry Sessions Court, after senior counsel S S Nariman appearing for the petitioner informed that it is scheduled to proceed on a day-to-day basis with effect from June 7.
Nariman also contended as the case has been transfered out of Tamil Nadu, it is the prosecutor of transferee state (Pondicherry) who is competent to prosecute the accused.
The court was also agreeable with the stand taken by Nariman.
Senior counsel Rajiv Dhawan, appearing for Tamil Nadu government, however pleaded that the Tamil Nadu continued to be a prosecuting state though the case has been transfered out side the state.
When the court asked which state shall file an appeal in case of acquittal, Mr Nariman replied it should be Pondicherry, but Mr Dhawan insisted that it will be Tamilnadu.
Shankaraman, Manager of Kanchi Muth, was found dead in January 2005. The case of his murder was tranferred out of Tamil Nadu for trail on the plea of Shankaracharaya that in view of the personal interest being taken by Tamil Nadu Chief Minister J Jayalalithha, free and fair trail was not possible in Tamil Nadu.
UNI AKS-SC VJ HS1409
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