Monday, January 17 2005 19:00 Hrs (IST) - World Time -

Chennai: Describing the freezing of bank accounts of the Kanchi Mutt as 'the latest salvo' fired by the Tamil Nadu Government, the Mutt today (Jan 17, 2005) sought a direction from Madras High Court to restrain the Government from interfering with the right of the Mutt to operate various bank accounts.

"The freezing of bank accounts has now rendered the performance of religious duties impossible," S Mahadevan, manager of 'Sri Kanchi Kamakoti Peetadhipathi Jagadguru Sri Shankaracharya Swamigal', said in a petition in the High Court filed on behalf of the Mutt.

"The latest salvo fired by the Special Investigation Team (formed by the State police to investigate the Sankararaman murder) is a series of communications sent to the banks in which the Mutt has accounts," the petition said.

Pointing out that most of the accounts represented the endowments created by devotees to carry out religious functions in the Mutt, the petitioner contended that the amounts standing to the credit of the Mutt belonged to a religious denomination and the State had no right to interfere with the administration and management of property.

"It is well settled that the Mutt is a legal entity and will have to be seen as an entity distinct from the Pontiffs, who preside over the Mutt," the petition said, adding that the action had rendered the performance of religious and other duties impossible.

Claiming that the police had absolutely no jurisdiction or power under any provision of CrPC to freeze its accounts, the Mutt contended that the endowments, created by devotees, were not the property of the Mathadhipathy (Chief of Mutt) and it had full control of these.

The purpose for which the endowments were created could not be fulfilled because of the alleged illegal action of the police, the petitioner said, adding, "it can never be contended that the endowments are the fruits of any illegal activity".

Alleging that 'secret' communications had been sent to banks to freeze Mutt accounts with a view to sully its image, the manager alleged that the police had not sent a copy of the communications on purpose out of fear of facing a losing battle.

"The surreptitious ways now adopted by the SIT brings misery to the Mutt and its devotees, besides tarnishing its image in the eyes of the general public," the petitioner said.

The petition cited a Supreme Court ruling, which held that the right to manage its own affairs in matters of religion was a fundamental right of a religious denomination, which no legislature could take away.

"If even a legislature can not take away the right of a Mutt to manage its own affairs in matter of religion, it is not open for the police to interfere in the religious affairs of the Mutt," the petition contended.