The Supreme Court on Tuesday allowed the plea of Kanchi Shankaracharya Jayendra Saraswati for appointing a public prosecutor from Puducherry to hold trial against him in the Sankararaman murder case.
A bench headed by Chief Justice K G Balakrishnan said that the state of Puducherry, where the trial was shifted from Tamil Nadu, can appoint the public prosecutor and the case will continue there.
Jayendra Saraswati had challenged the appointment of a public prosecutor from Tamil Nadu for holding trial in the case, which was shifted to Puducherry on the direction of the apex court.
Seer had contended that since the trial in the case was transferred to Puducherry, the Tamil Nadu Government has no authority to appoint its public prosecutor.
Further, Shankaracharya had submitted that the apex court should address an important question as to which state should be vested with the power of appeal against the order of the trial court.
Tamil Nadu government had maintained that Section 24 CrPC provides exclusive right to a State for appointing its own public prosecutor and hence the pontiff's plea should not be entertained.
The Shankaracharya was arrested on November 14, 2004, by the Tamil Nadu police in Andhra Pradesh's Mahaboobnagar district in connection with the murder of A Sankararaman, manager of the Sri Vardaraja Perumal Temple, Kancheepuram on September 3, 2004.
Following a petition filed by the pontiff, the Supreme Court on October 26, 2005 shifted the trial against the seer from the Principal Sessions Court, Chengalpattu in Tamil Nadu to the District and Sessions Court, Puducherry.
The apex court on May 2, 2006 had also stayed the trial before the session court, Puducherry after the seer opposed Tamil Nadu Government's move to appoint its own public prosecutor for the trial.
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