Chennai: The prosecution in the Sankararaman murder case, in which the Kanchi Seer Jayendra Saraswathi was arrested, today (Dec 1, 2004) presented the case diary in a sealed envelope to the Madras High court.

Yesterday (Nov 30, 2004), Justice R Balasubramaniam, while reserving his orders on the bail application moved by the Seer, directed the prosecution to produce the case diary before him today.

Spotlight: Kanchi Jayendra Saraswathi's Arrest

Meanwhile, Seer's counsel and Senior advocate I Subramaniam claimed in the High Court that Sections 437 and 439 CrPC stood on different footings.

Making a special mention before Justice Balasubramaniam, he claimed that the law laid down by the Supreme Court in the Pappu Yadav case, was not a general principle of law. If it was so, no High Court could grant bail in non-bailable offences, he contended.

If it was construed so, it would amount to altering the existing provisions in the sections of the CrPC, he said. A court cannot legislate, it can only interpret law, he added.

Yesterday, during the course of the arguments in the bail application, Senior Supreme Court advocate K T S Tulsi, arguing on behalf of prosecution, had contended that Section 439 had to be read along with 437 and not in isolation.

The Government advocate, who was present when Subramanaiam made the special mention, sought time till tomorrow (Dec 2, 2004) to reply to the points raised by him.