Sankararaman murder case - Kanchi Shankaracharya Jayendra Saraswati acquitted

[Kuvalayavalli]

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My office colleagues and I are not convinced of the verdict. Unless and until the real murderers are captured, convicted and sentenced, we wont rule out the possibility of embezzlement, the greater probability of the prosecution witnesses being coerced into turning hostile. The criminals may be eluding the Indian Law and may never be captured, yet they will never go unpunished by the divine if Hindu Dharma were true. This includes those who are also remotely associated with the crime.

 

[Kuvalayavalli]

It is not over until God says it is over.

 

[sravna]

No sravna,

Only you are missing the point completely. I wont give credence to the charges until proved beyond doubt. For me, A sanyasi and a professional killer both are capable of committing a murder. A sanyasi does not deserve a better treatment just because he is a sanyasi and a pro killer does not deserve a bad treatment just because he is a pro killer. The sanyasi is not the neo tzar or zarina to be treated with a different yardstick. If he is innocent, he is unfortunate to have been in the circumstances in which he has invited the suspicion of the society/law enforcing agency. That is all. If he comes out clean at the end, I will say yes here is a man who had gone through a trial and come out clean. He deserves appreciation for his composure and staying power.

Dear Shri Vaagmi,

I am not saying anything different about the treatment by the law. I agree with you on that. But I am saying the sanyasi is more affected by the mud slinging than others because he is supposed to maintain an unblemished image and a charge such as murder does more damage to him than to others. That is what I am trying to say.

 

[vgane]

I think the vilification of the Kanchi Math with ulterior motives by the Dravidian hegemonists, Missionaries, Secular media has created havoc on the silent and silenced Math...Read this

Recalling the Kanchi Sankaracharya Case


By S Gurumurthy

Published: 28th November 2013 06:00 AM




When the Principal Sessions Court in Pondicherry on Wednesday (November 27) acquitted the Kanchi Sankaracharyas, Jayendra Saraswathi and Vijayendra Saraswathi, and all the others charged with the murder of Sankararaman, my mind recalled the arrest of the Sankaracharya in November 2004 and the unprecedented vicious atmosphere created by the Dravidian ideologues and parties, secular media and even liberal intellectuals against the Acharya. They sat upon the Kanchi Mutt, held the Acharya guilty and more and spread all kinds of unmentionable canards about him and the Mutt and hurt beyond words the millions of peaceful spiritual followers of the Mutt, who cried in silence with no one to console them.

No debate on the Sankaracharya judgment will be complete without recalling the vicious and hurtful discourse against the Acharya and the Mutt and how the ancient institution and its faithful underwent the all round assault and pain silently. When the entire spectrum of secular, human rights and liberal megaphones had turned against the Mutt and the Acharya and desecrated them, it was only The New Indian Express which stood for what it believed was right-- namely that the Mutt and the Acharya were being hounded without basis and the case itself was groundless. The judicial verdict exonerating the Acharyas and all the others charged with the crime implies that the entire case was misdirected.

Kanchi Sankaracharya Jayendra Saraswathi leaves a court in Puducherry after being acquitted in the sensational Sankararaman murder case. (PTI) But, based on counter investigation, The New Indian Express said so within days of the arrest of the Acharya. “The Case Is Dead. Who Will Do The Funeral And When?” This was the title of third of the five articles on the Sankaracharya case that appeared in The New Indian Express. This article appeared on November 24, 2004, exactly 12 days after the seer’s arrest on the auspicious Deepavali day. The article opened thus: “On counter investigation, we found the case against the Sankaracharya not just slippery, but actually groundless from day one. Not just that. It involves a bit of fabrication too. Yes the fabrication to fix the Acharya. The police are running for cover. They may not give up yet and may fabricate more to put the case which is dead on life support system. But the case is irretrievably lost.”

The dramatic turn came on Wednesday in the Kancheepuram Magistrate court. The two criminals on whom the police had exclusively relied to name the Sankaracharya as an accused in the case have actually turned to accuse the police as the fabricators of the case itself. The court judgment now pretty much says the same thing. The New Indian Express carried four more articles in my name on the Sankaracharya case. The first article titled “As the Sankaracharya stands like Abhimanyu” [NIE 23.11.2004] captured the Dravidian political and secular media theatre in the state which were hounding the hapless Acharya stung and stunned by the heinous charge against him.


The Acharya was damaged more by the false news items planted by the police which the willing secular media and Dravidian megaphones lapped up to defame and discredit the Acharya. Another article titled “Unless the Case is Reinvestigated, Justice will not be Done” [26.11.2004] detailed how on the procured testimonies of hardened criminals the state was telling the judiciary that the Sankaracharya was “the worst criminal”. The fourth article dated 3.12.2004 was on how the case had ceased to be an investigation into a crime and had become a vicious campaign to demolish the Acharya himself. The article ended thus: “Even if, at the end, I am entirely proved wrong, I cannot shirk my duty to alert the public and sensitise the authorities about the destruction of too many values involved in this investigation which is gradually turning into a battle between the silent and silenced Kanchi Mutt on the one hand and police and its associate, the media megaphones on the other. It is no more an investigation into crime....it is now a larger design to defame and discredit the Mutt itself.” The final article titled “Will the Secular Media Heed Justice Reddy’s Warning?” appeared on January 14, 2005. This article was on the judgment of Justice Narasimha Reddy of the Andhra Pradesh High Court before whom a frivolous writ had been filed by some labour union on the basis of media reports linking some deaths [which had taken place six years ago on the premises of a mill, from where the Acharya had been arrested] to the Acharya.


Disposing of the writ, the judge said the petitioner swayed by the media did not want to lag behind in the unprecedented process of denigration of the Kanchi Mutt, an ancient, prestigious and glorious institution with almost a 2,500-year history. He added that it was sad that an institution of such glory was targeted and persecuted in an organised manner in an independent country, by “not only individuals, but also a section of the institutions, such as the State and the Press”. He also noted that the proponents of human rights, fair play and dignity to individuals and institutions have maintained stoic silence, adding “a powerful section is celebrating or watching it with indifference” the “perfidy against the Mutt” that had shocked the nation and beyond”. He noted that the “amount of disrepute and sacrilege inflicted on Sri Jayendra Saraswathi has no comparables adding that harshest possible words were used directly or in innuendo against him” and “today he is subjected to similar treatment as was Draupati in the Court of Kauravas”. That was the state of the Acharya and the Mutt when The New Indian Express stood for truth against tsunami of vicious campaign against the Acharya.


The reward for these articles was an arrest warrant against me and almost a search on The New Indian Express and even the Thuglak magazine, which had carried the Tamil version of the articles. As usual the judiciary came to the rescue and passed orders restraining the state. I was questioned by the Superintendent of Police who led the investigation. When I asked him why he was suspecting the Acharya to be the offender, he said that the victim had been sending highly offensive letters to the Acharya and therefore he had a motive to eliminate him. I asked him whether he thought of the possibility of someone inimical to the Acharya eliminating the victim to put the blame on the Acharya. He was blank. I told him that the criminal investigation has to exhaust all the possibilities before opting for one particular view. That is precisely what the police in the Sankaracharya case failed and neglected to do. The result was a huge and costly lapse -- and great hurt to a noble institution and to its silent and peaceful faithfuls. The Sankaracharya case verdict is a lesson for all-- the police, state, media and the liberals --every one of them sided with the police and against the Acharya. Will they now introspect?

 

[tks]

Sannyasis and mutts tend to lack people with management and leadership skills. If money starts pouring into institutions such as this in large amount and if such places begin to become icons of a religion with power, then they are easy and 'high value' targets for those with ulterior motives.

Even a relative nobody like Deepak Chopra was targeted to be soliciting prostitutes. The intent one can only surmise is to bring the brand of Hinduism down. His best response was to go after his attackers and settled the matter out of court.

It will be in the interest of Mutt administration (and not the Sannyasis who should not be involved in my view) to find out who is behind all these. They need to use the money they have to go after the truth. If there was corruption behind this and other external forces involved that needs to be exposed. Search for truth need not be the responsibility of the corrupt Governments only.

True Sannyasis are not affected by such incidence beyond the initial shock. They do not have any prescribed duties. What gets maligned is actually the religion of Hinduism and there are many powerful forces that would love to bring this confused religion down.

With corruption being the guiding light for political parties it is easy to create sensational scenarios. Let us reflect on this...

If someone wearing a robe of Sannyasi is truly involved in a crime they need to be punished like anyone else. But the due process is key to establishing guilt beyond a shadow of doubt. There is no need for any accused to prove they are innocent in decent societies

Dharma is not about finding and punishing the guilty. Or giving in to lynching mindset of few people who want someone nailed because of some superimposed prejudice.

It is about commitment of a society to truly want to pursue the truth. In embracing a process that is thorough and just path of Dharma is followed.

The real culprit will get their own justice even if corrupt cops or government do not end up catching them.

 

[Asirvadam]

Dear Vgane,

The option to file a defamation suite against the appellants/prosecutors is open for the acquitted even now. Why dont the acquitted choose that option?

 

[vgane]

Dear Vgane,

The option to file a defamation suite against the prosecutors is open for the acquitted even now. Why dont they choose that option?

Dear Asirvadam,

It is very much there..But having seen the lows of life all these 9 years , being constantly hauled to courts, answering queries from lawyers & judges, vilified by media, harassed by police H.H may decide to take a completely different route..We should leave the decision to H.H

 

[vgane]

Better sense prevailed on the Hindu...Timely editorial..Is it repentance for taking a pro left leaning all through these years or is it Modi effect?

A complete vindication - The Hindu

 

[kunjuppu]

Dear Shri Vaagmi,

I am not saying anything different about the treatment by the law. I agree with you on that. But I am saying the sanyasi is more affected by the mud slinging than others because he is supposed to maintain an unblemished image and a charge such as murder does more damage to him than to others. That is what I am trying to say.

sravana, you are very right here. the very fact that he has to be tried in a court of law, meant that he was in the periphery of crime. which he had no business to be, in the first place.

i do not agree even with the previous sage of kanchi, but i can vouch 100% that his name would not be mixed up in such shenanigans.

caesar should be seen pure. and be pure. that is where the issue is. here.

 

[mkrishna100]

The following piece from Sri Gurumurthi's article is what I have been pointing out all along .I am still not giving a clean chit to anyone but only pointing out how the Police screwed up this whole case by already deciding that the Acharyas alone were responsible for this murder without looking at other possibilities .Now we have a situation were the Acharyas are acquitted along with others and the Court is still clueless who killed Shankara Raman

I was questioned by the Superintendent of Police ( Premkumar ) who led the investigation. When I asked him why he was suspecting the Acharya to be the offender, he said that the victim had been sending highly offensive letters to the Acharya and therefore he had a motive to eliminate him. I asked him whether he thought of the possibility of someone inimical to the Acharya eliminating the victim to put the blame on the Acharya. He was blank. I told him that the criminal investigation has to exhaust all the possibilities before opting for one particular view. That is precisely what the police in the Sankaracharya case failed and neglected to do. The result was a huge and costly lapse -- and great hurt to a noble institution and to its silent and peaceful faithfuls. The Sankaracharya case verdict is a lesson for all-- the police, state, media and the liberals --every one of them sided with the police and against the Acharya. Will they now introspect?

 

[prasad1]

the very fact that he has to be tried in a court of law, meant that he was in the periphery of crime. which he had no business to be, in the first place.

caesar should be seen pure. and be pure. that is where the issue is. here.

Sir,
A corrupt system, a CM with political agenda, a prosecutor with wrong intention, a media with no ethics can make it appear as if someone was in the periphery of crime. Actually they can even manufacture the crime.
A person drinking milk under a palm tree can be painted as drunk.

Anybody can be incriminated in this scenario.
I agree that the pontiff should not be seen in these circumstances, but they should not be targeted in the first place.
On the other hand the sanyasi should not be a political animal. Try telling that to Ramdev, or the mullas.

 

[kunjuppu]

The following piece from Sri Gurumurthi's article is what I have been pointing out all along .I am still not giving a clean chit to anyone but only pointing out how the Police screwed up this whole case by already deciding that the Acharyas alone were responsible for this murder without looking at other possibilities .Now we have a situation were the Acharyas are acquitted along with others and the Court is still clueless who killed Shankara Raman

even the most ardent kanchi fan agrees that justice has not been done. acquitting one well connected brahmin religious head, while bringing relief, has not brought vindication and justice to another poor brahmin.

this is what, should make us all think deep into our conscience, and ponder over the whole incident.

above it all, now there is an even bigger black cloud over kanchi - the cloud of doubt mistrust suspicion influence&power...ie all those negative values which most of us in this forum, have stood against, irrespective of our internal fights. overall i think it is a sad state of affairs.

 

[kunjuppu]

Badri Seshadri - an iyengar pov

Many here might know Badri, who is a publisher and a person whose views many i like and agree. this is his facebook posting..

It is not clear whether Shankaracharya verdict is sad or the hindu (as well as The Hindu) rejoicing subsequent to that. If I were running 'The Hindu', I would not have accepted the full page ad from Shankara Mutt or written the editorial they wrote. Ignoring the legal outcome, morally the mutt had completely lost its position right then, when the controversy had erupted. There is much that is wrong with the mutt, starting from its very origin and the myth-making around it sanctified, authorised and approved by Chandrasekarendra Saraswathi himself. Truth is already a loser there.

Aravindan Neelakandan tries to create a picture that Jayendra was a friend of Dalits and that is why he was targeted. It is a laughable suggestion. Kanchi Mutt or for that matter any Sanatana Vedanta mutts of Advaita, Visistadvaida, Dvaita sampradaya is not a friend of dalits (or for that matter non-brahmins). I can certainly say this with confidence. Ramanuja mutts which are meant to foster equality across castes (provided they are Vaishnavas) themselves do not do this. The closer circle of the Jeeyars is full of none other than Iyengars of the correct denomination. Shankara Mutts are no different.

Whether Sankararaman was murdered at the behest of Jayendra & Vijayendra will never be proven, given our legal system. But in my opinion, Kanchi Mutt had lost its sanctity well before this murder. It has not regained anything back so far.

 

[kunjuppu]

but here are two replies by aravind neelakantan to badri's FB post. i only wish the mutt head had pursued solely on reforming casteism esp re dalits, instead of getting involved in murders. but then, i have another query now..is it because of reaching out to the dalits, the whole issue came about?

Aravindan Neelakandan Badri Seshadri நான் எழுதியதை ஒழுங்காக வாசித்தீர்களா என்பது கூட தெரியவில்லை: //ஆனால் ஸ்ரீ ஜெயேந்திர சரஸ்வதியின் மீது மரியாதை உண்டு. அவர் தமது மீதிருந்த பாரம்பரியத்தின் பளுவைத் தாண்டி சமூக தளத்தில் இறங்கி செயல்பட்டார். தீண்டாமை தவறு என பகிரங்கமாக அறிவித்தார். அனைத்து சாதியினரும் அர்ச்சகராவதை கொள்கை அளவிலாவது ஏற்றார். இதெல்லாம் ‘too little and too late’ என்கிற வகையைச் சார்ந்ததுதான். // இதில் என்ன தெரிகிறது? //ஒவ்வொரு தலித் பகுதிக்கும் சென்றது, தலித் பூசகர்களிடம் கை நீட்டி பிரசாதம் வாங்கியது, தலித் தொழில் முனைவோருக்கு மடத்தின் சார்பில் உதவி வழங்கியது// இதில் ஒவ்வொன்றும் ஆதாரபூர்வமானது இதெல்லாம் இல்லை என்கிறீர்களா?

Aravindan Neelakandan பத்ரி, என் அனுபவத்திலும் அறிவிலும் இருந்து நான் எழுதுகிறேன். நிச்சயமாக அவர் தலித்துகள் விஷயத்தில் முந்தயவரை விட மேம்பட்டவர்தான். தீண்டாமையை சாதி பாகுபாடுகளை அவரால் முடிந்தவரை அவரது வட்டத்துக்குள் எதிர்த்தார். இதை நான் மட்டும் சொல்லவில்லை. சின்னகுத்தூசியே சொல்கிறார்.1983 நேர்முகத்தின் இறுதியில் பாருங்கள்.

 

[mkrishna100]

even the most ardent kanchi fan agrees that justice has not been done. acquitting one well connected brahmin religious head, while bringing relief, has not brought vindication and justice to another poor brahmin.

this is what, should make us all think deep into our conscience, and ponder over the whole incident.

above it all, now there is an even bigger black cloud over kanchi - the cloud of doubt mistrust suspicion influence&power...ie all those negative values which most of us in this forum, have stood against, irrespective of our internal fights. overall i think it is a sad state of affairs.

Kunjuppu Sir

I have to make it clear that I am not an "ardent Kanchi fan" nor a "Kanchi Hatred" . I wanted the police to have acted more fairly looking at all dimensions to this murder instead of just jumping on the Kanchi Acharyas and getting eggs over their faces now . It is not just in this SankaraRaman case .They did the same in Tho Kruttinan case by arresting Azhagiri but he along with others got acquitted .I see a different design in many of these high profile murders and hope Police/Media look at the wider conspiracy behind many of these Political Murders .

 

[prasad1]

Many here might know Badri, who is a publisher and a person whose views many i like and agree. this is his facebook posting..

It is not clear whether Shankaracharya verdict is sad or the hindu (as well as The Hindu) rejoicing subsequent to that. If I were running 'The Hindu', I would not have accepted the full page ad from Shankara Mutt or written the editorial they wrote. Ignoring the legal outcome, morally the mutt had completely lost its position right then, when the controversy had erupted. There is much that is wrong with the mutt, starting from its very origin and the myth-making around it sanctified, authorised and approved by Chandrasekarendra Saraswathi himself. Truth is already a loser there.

Aravindan Neelakandan tries to create a picture that Jayendra was a friend of Dalits and that is why he was targeted. It is a laughable suggestion. Kanchi Mutt or for that matter any Sanatana Vedanta mutts of Advaita, Visistadvaida, Dvaita sampradaya is not a friend of dalits (or for that matter non-brahmins). I can certainly say this with confidence. Ramanuja mutts which are meant to foster equality across castes (provided they are Vaishnavas) themselves do not do this. The closer circle of the Jeeyars is full of none other than Iyengars of the correct denomination. Shankara Mutts are no different.

Whether Sankararaman was murdered at the behest of Jayendra & Vijayendra will never be proven, given our legal system. But in my opinion, Kanchi Mutt had lost its sanctity well before this murder. It has not regained anything back so far.

[h=2]an iyengar pov[/h]
Of an organization that they consider hostile to them.

I do not think I will ask a Pakistani organization about this incident.
Would we ask Uma Bharati about child molestation accusation against a catholic priest?
Given the known bias (may not be of Badri, but his brothers) that comment is out of place. I would accept the opinion of an Unbiased human being as legitimate, but this is not credible.

 

[sangom]

Dear Asirvadam,

It is very much there..But having seen the lows of life all these 9 years , being constantly hauled to courts, answering queries
from lawyers & judges, vilified by media, harassed by police H.H may decide to take a completely different route..
We should leave the decision to H.H

Shri Gane, Shri Asirvadam,

I very much doubt whether the Kanchi Mutt, its administrators, or the pontiffs in their individual capacities or as the pontiffs,
will ever dare to ever approach any court in connection with this case. I suspect that the Mutt has many skeletons in its
cupboard and it must already have either spent a sizeable percentage of its "working capital" in buying this acquittal by
hook & by crook. It will not be possible for it (the Mutt) to commit any more money for unnecessary litigation. Of course,
if some very wealthy devotee, a political outfit with enough resources or some such entity comes to the Mutt's support,
then many things can and will happen. Even so, the crucial question remains :"Are the sanyasis really innocent of the crime?",
because what has happened yesterday is that the judge has let off all the 23 living accused because the prosecution could not
prove beyond doubt that any of these accused committed or had any part in the murder. It was the helplessness of a judge who
went by the rule-book, which was his job. Justice still remains to be done.

 

[prasad1]

"Cast the first stone" in the Bible: John 8:7


Jesus faced a mob that was eager to execute a woman caught in adultery. He put a stop to it with a simple challenge: anyone who has no sin in their life should step forward and throw the first stone. That sentence is often cited as a reminder to avoid judging others when there are faults in your own life that need to be addressed.

I had posted it in the past,
But I forgot that people here are above Jesus (Who is he?).

 

[Nara]

Many here might know Badri, who is a publisher and a person whose views many i like and agree. this is his facebook posting...

Dear K, there was no need to say "Badri Seshadri - an iyengar pov". I know Badri, he is no more an Iyengar than I am an Iyengar. His connection to "Iyengar" is his parents are Iyengars.

 

[SrividhyaJayaraman]

Dear all,

We are not having any rights to discuss about 1 person especially Kanchi sankaracharya. As per him,according to their karma they are suffering and nobody knows what really happened. We are not eyewitnesses, so plz stop discussing about him. Good things about him (not only about him, including all) can discuss, no bad things.



Sorry and don't take anything in the wrong sense

 

[கால பைரவன்]

Sir,
A corrupt system, a CM with political agenda, a prosecutor with wrong intention, a media with no ethics can make it appear as if someone was in the periphery of crime. Actually they can even manufacture the crime.
A person drinking milk under a palm tree can be painted as drunk.

Anybody can be incriminated in this scenario.
I agree that the pontiff should not be seen in these circumstances, but they should not be targeted in the first place.
On the other hand the sanyasi should not be a political animal. Try telling that to Ramdev, or the mullas.

Dear Prasad,

All those talking gleefully about the credibility of the Mutt have absolutely nothing to say about the manner in which the investigation/ case was conducted. Can't you figure out their motives from this itself? If the same witch hunt were perpetrated against anyone else, the government would have been accused to have acted as a fascist. Totalitarianism is good if it takes out our opponents seems to be their way of thinking perhaps.

 

[kunjuppu]

"Cast the first stone" in the Bible: John 8:7


Jesus faced a mob that was eager to execute a woman caught in adultery. He put a stop to it with a simple challenge: anyone who has no sin in their life should step forward and throw the first stone. That sentence is often cited as a reminder to avoid judging others when there are faults in your own life that need to be addressed.

I had posted it in the past,
But I forgot that people here are above Jesus (Who is he?).

dear prasad, i do not understand this post. kindly elucidate it a bit, in the context of your thinking. would help. thanks

 

[கால பைரவன்]

I provide below the concluding portion of the supreme court judgement when it allowed transfer of case from the state of TN. As one can see it is the government which by way of hook or crook wanted to secure the conviction of the Seers. It acted in a totalitarian way and stared harassing people for even expressing dissent then. Such truths of course will be lost on those who may be prejudiced against the Mutt for various reasons but their facade of striving for justice will stand exposed!!!

We have discussed above many facets of the case which do show that the State machinery in Tamil Nadu is not only taking an undue interest but is going to any extent in securing the conviction of the accused by any means and to stifle even publication of any article or expression of dissent in media or press, interview by journalists or persons who have held high positions in public life and are wholly unconnected with the criminal case. The affidavits and the documents placed on record conclusively establish that a serious attempt has been made by the State machinery to launch criminal prosecution against lawyers, who may be even remotely connected with the defence of the accused. The Superintendent of Police, SIT and police inspector connected with the investigation even went to the extent of prompting the approver Ravi Subramaniam to make insinuation against a very senior counsel, who has been practicing for over 43 years and is appearing as counsel for the petitioner. The other counsel had to file writ petitions in the Madras High Court for seeking a direction for transferring investigation of the criminal cases registered against them from the local police to CBI. The police submitted charge-sheet against two junior lady lawyers under various sections of IPC including Section 201 IPC when even accepting every word in the FIR lodged by Smt. Chitra wife of Ravi Subramaniam (approver) as
correct, no offence under the said provision is made out. Clause (1) of Article 22, which finds place in Part III of the Constitution of India dealing with Fundamental Rights, gives a guarantee to a person arrested and detained to be defended by a legal practitioner of his choice. Section 303 of Code of Criminal Procedure says that any
person accused of an offence before a criminal court or against whom proceedings are instituted under the Code, may of right be defended by a pleader of his choice. Even under the British Rule when Code of
Criminal Procedure 1898, was enacted, Section 340(1) thereof gave a similar right to an accused. It is elementary that if a lawyer whom the accused has engaged for his defence is put under a threat of criminal
prosecution, he can hardly discharge his professional duty of defending his client in a fearless manner. A senior and respected counsel is bound to get unnerved if an insinuation is made against him in court that he approached the wife of a witness for not giving evidence against the accused in the court. From the material placed before us we are prima facie satisfied that a situation has arisen in the present case wherein the lawyers engaged by the petitioner and other co-accused cannot perform their professional duty in a proper and
dignified manner on account of various hurdles created by the State machinery. The lawyers would be more concerned with shielding their own reputation or their liberty rather than cross-examining the prosecution witnesses for eliciting the truth. The constant fear of not causing any annoyance to the prosecution witnesses specially those of the police department would loom large over their mind vitally affecting the defence of the accused. Passing of the detention order against 16 co-accused soon after grant of bail to the petitioner by this
Court on 10.1.2005, which order could be of some support in seeking parity or otherwise for securing bail in the present murder case, is a clear pointer to the fact that the State wanted to deprive them of any
chance to secure release from custody. Even though this Court has issued notice on the special leave petition filed by the State against the order of the High Court by which Habeas Corpus petition of the 16
co-accused was allowed, yet the observations made in the said order show in unmistakable terms that the even tempo of life was not disturbed, nor the public order was affected by the murder of Sankararaman and the detention order was passed without any basis. Again, the action of the State in directing the banks to freeze all the 183 accounts of the Mutt in the purported exercise of the power conferred under Section 102 Cr.P.C., which had affected the entire activities of the Mutt and other associated trusts and endowments only on the ground that the petitioner, who is the head of the Mutt, has been charge sheeted for entering into a conspiracy to murder Sankararaman, leads to an inference that the State machinery is not only interested in securing conviction of the petitioner and the other co-accused but also to bring to a complete halt the entire religious and other activities of the various trusts and endowments and the performance of Pooja and other rituals in the temples and religious places in accordance with the custom and traditions and thereby create a fear psychosis in the minds of the people. This may deter any one to appear in court and give evidence in defence of the accused. Launching of prosecution against prominent persons who have held high political offices and prominent journalists merely because they expressed some dissent against the arrest of the petitioner shows the attitude of the State that it cannot tolerate any kind of dissent, which is the most cherished right in a democracy guaranteed by Article 19 of the Constitution. provide below excerpts from supreme court judgement when the SC allowed the transfer of case from TN.

 

[Vaagmi]

Refer to post #92:

Originally Posted by kunjuppu
Many here might know Badri, who is a publisher and a person whose views many i like and agree. this is his facebook posting...



Dear K, there was no need to say "Badri Seshadri - an iyengar pov". I know Badri, he is no more an Iyengar than I am an Iyengar. His connection to "Iyengar" is his parents are Iyengars.

If you are an Iyengar you have to be biased. Your views about Sankaracharya or Sankara matom has to be biased.

If you are Karunanidhi your views about brahmins have to be biased.

If you are a communist your views about Tatas or Birlas have to be biased.

This appears to be the level of understanding of our intellectual members of this forum.

Leaving that at that, Has the brahmin community learnt anything from this episode? Can we hope that such an episode will never be repeated? I am deliberately using the term brahmin community. One reason is because if I use smarthas I will be asked to eat crow or get out from this forum. Another reason is because of the general perception that these vedantic matoms are all brahminical matoms. They are headed by brahmins and have a huge following of brahmins. This does not mean that the non-brahmin matoms are any better. They too are cess pools of corruption of every sort. We have heard enough about the Madurai Adheenam's attempt to hand over control to Nithy bhai.

What lessons are there for us to learn? We need to reform the matoms. The matoms have to borrow a leaf from the christianity. In christianity the organization of the church is such that the laity has equal rights side by side with the Church represented by a Bishop/pastor. The laity, though is subservient to the church, the church can not ignore the laity. Thus there is little scope for such charges being levelled exclusively against the head of the church either at the local level or at the higher levels. All social, community level, day to day decisions are taken by the church in consultation with the laity members. The church, of course, has the power of veto. A bishop's decisions can be questioned by the synod. There are strategically built in checks and balances in the very structure.This kind of democratization and widespreading and sharing of power has made management of the affairs of the church very efficient. That is not the case with our matoms. The head of the matom is all powerful. He appoints, dismisses, favours, punishes, spends without accounting, spends without justifying, signs every cheque himself,in short he is the modern day autocrat. He is a sanyasi and so he is believed to be free from likes and dislikes and so is believed to be impartial. Practically this does not work that way. We very often hear palace intrigues from these matoms. Favouritism, Groupism, innuendos carrying the day, whispering campaigns,people being punished and dismissed and finally cursed, the mutt head getting cheated, people misappropriating funds, mutt heads being unable to tell that to any one outside etc.,

So the solution lies in dispersing the authority. The mutt head should be the head of a managing committee which should have members elected by the community. The head should have 50% power with an additional veto so that the mutt is never hijacked by politicians. Financial powers should be delegated to different levels scientifically on the basis of need for efficient running of the mutt. And every thing should be made extremely transparent.

A cry in the wilderness perhaps.

 

[prasad1]

dear prasad, i do not understand this post. kindly elucidate it a bit, in the context of your thinking. would help. thanks

It was directed to all those who were casting "GUILT" on people who have not been proven guilty by court, specifically post#90.
Those who are ready to pin the guilt "by hook or Crook" because they could do in the legal system.