Monday, September 5 2005 18:14 Hrs (IST) - World Time -

New Delhi: Virtually staying the framing of charges against Kanchi Sankaracharya and the junior pontiff in the Sankararaman murder case, the Supreme Court today (Sept 5, 2005) exempted them from personal appearance before the Chengalpattu trial Court while asking it not to frame charges till October 4.

This was the direction passed by a Bench comprising Chief Justice R C Lahoti, Justice G P Mathur and Justice P K Balasubramanyan on the petition filed by Sankaracharya Jayendra Saraswati seeking transfer of the trial outside Tamil Nadu accusing the Government of persecuting him.

Appearing for the Seer, senior advocate Fali Nariman termed the decision of the trial court to fix September 5 for framing of charges against the accused as an "oppressive order hitting at the religion of the accused" as for the last 2500 years the Sankaracharya and his junior were always at Tirupati to offer prayer for the "Chaturmasya brat".

Taking into account the difficulties faced by the seers, the Bench said it would hear the transfer petition on October four and directed the trial court not to frame charges till then and exempted the two seers from personal appearance.

However, the apex Court agreed with the Tamil Nadu government's plea for continuance of the proceedings on the question of framing charges. The Sankaracharya was arrested in November last year in connection with the murder of mutt officials Sankararaman, whose widow S Padma Sankararaman was today permitted by the Court to file application seeking impleadment in the case.

The apex Court had granted bail to the 70 year-old Sankaracharya on January 10 but had restrained him from visiting the Mutt till the filing of the chargesheet. The police had filed the chargesheet on January 21.

Appearing for the state, senior advocate Rajeev Dhawan contended the transfer petition itself has become infructuous as the case has been committed by the Kancheepruam Magistrate to a Sessions Court at Chengalpattu.

However, Nariman pointed out even the state government had filed an application seeking to keep the Sankaracharya outside the entire South India during the trial apprehending influencing of witnesses.

Dhawan quickly said it was an "ill-advised" application and would soon be withdrawn. Arguing for Ravi Subramanaim the accused turned approver, senior advocate Shanti Bhushan made such a vociferous plea against grant of any concession to the Sankaracharya that even the Bench was surprised and inquired "What has happened to you? We have never seen you like this."

The case against the Kanchi seers, Jayendra Saraswathi and Vijayendra Saraswathi, and other accused in the Sankararaman murder case, with a Kancheepuram Magistrate on April 13 committing the case to a Chengalpattu Sessions Court.