THE CONFLICT OF LAW AND THE RELIGIOUS SENTIMENTS

THE CONFLICT OF LAW AND THE RELIGIOUS SENTIMENTS

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Author: Shaik Mahaboob

The recent arrest and detention of Shri. Jayendra Saraswathi Swamigal of Kanchi Kamakoti Peetam, Kanchipuram on November 11, 2004 at Mahaboobnagar, Andhra Pradesh in connection with his alleged involvement in the murder of Shri. Sankararaman has created chaos and confusion in the minds of both judiciary and the general public, more particularly in the predominantly populated Hindu Society. Although the alleged murder of Shri Sankararaman had taken place at Kanchipuram on September 3, 2004, after the gap of about two months the TN Government has seriously taken up alleged murder case including the sudden arrest of Shri. Sankaracharya Swamigal after facing serious formal threats from Sri. M. Karunanidhi and his son Sri. M.K. Stalin posing for launching a statewide agitation, if the TN Government failed to apprehend the alleged accused and investigate the Murder Case in question. Apprehending threats and outbreak of law and order situation, the TN Police in collusion with Andhra Pradesh Government clandestinely procured the Holy Saint on the auspicious glittering night of Diwali, without even caring the religious sentiments of the people.

At the outset the highhanded actions of the TN Police is highly condemnable. The TN police ought to have acted as per the guidelines laid down by the Apex Court. The TN Government would have acted in a dignified manner and thereby delayed the arrest of the pontiff on the eve of festival of lights at least for a day giving paramount importance to the stature of the universally acclaimed Saint. What is the urgency in arresting a celebrated Hindu Saint on the eve of Diwali that too when he was performing his spiritual rights is not answered by the prosecution in a convincing manner? Their answer to the effect that the Holy Saint was planning to flee Nepal from Andhra Pradesh is not only false, absurd but also concocted. However, in the Criminal Procedure Code, the Police can arrest and apprehend any accused prima facie believed to have committed an offence of non bailable nature. However, the same Yard stick could not be applied in certain sentimental cases that may go obviously detrimental against a particular religion or society. The TN State Government, before the arrest the Holy Seer would have seriously considered the religious sentiments of millions of Hindus for whom Shri. Sankaracharya Swamigal is not mere a saint or seer, but a living legendary Hindu Saint having a large following throughout the globe.

It is very pertinent to note that after the arrest and detention of Shri. Sankaracharya Swamigal, the entire nation was shocked beside strong criticism from Moulana’s and Mulla’s of Islamic Society too concerning the sudden arrest of the seer and blatant violation of TN Police without giving prominence to the sentiments of Hindu dominated society. This clearly establishes and beyond any doubt it is crystal clear that the celebrated saint is largely respected not only by the Hindus but also Muslims irrespective of their caste and creed. Let us assume for the sake of arguments that if at Shri. Jayendra Saraswathi Swamigal is alleged to be involved in the alleged offence as per the version of prosecution, what prevented the High Court for denying the bail pending trial to the Holy Pontiff who is easily procurable and available for trial without any hurdles by exercising its inherent powers under section 482 Cr. PC. The High Court can refuse to grant bail under section 482 Cr. PC only, if there is a prima facie case is made out against the accused and there is likely hood of accused absconding, tampering of prosecution witnesses and delaying the trial but in the case of Shri Sankararaman was brutally murdered inside the Sri. Varadrajaperumal Temple, Kanchipuram on September 3, 2004 by six persons and the TN Police arrested 13 accused including the pontiff. The alleged Shri. Sankaracharya’s implication in the said murder case is purely on the details provided by the co- accused Kathiravan, Rajni and others. The information given by the co – accused concerning the alleged involvements of the seer and mis- appropriation of Mutt Funds and the alleged telephonic conversation by the Shri. Sankaracharya Swamigal cannot form any decisive, conclusive and concrete incredible evidence of this juncture for establishment a prima facie case of murder against Shri. Sankaracharya Swamigal. All those vital points would be dealt in details at the time of fair trial and evidence.

In many cases we have come across the situation wherein the accused apprehending arrest from the jurisdictional police may normally apt for an anticipatory bail and the court is empowered to grant conditional anticipatory bail to the applicant in the most heinous crimes also after imposing certain stringent conditions. In the case of Shri. Sankaracharya Swamigal, if at all he is involved in the said murder case as alleged by the TN Police or if he was apprehending arrest in the alleged murder case of Shri Sankararaman, he would have certainly applied for anticipatory bail and obviously obtained the bail. This clearly demonstrates strongly to sense every body that the Holy seer is innocent and he has been falsely implicated in the said murder case alleged by the prosecution and absolutely there is no prima facie case made against him. Owing to extreme pressure and unwanted demands from the Dravidian and atheist leaders of Tamil Nadu, the Government of Tamil Nadu acted in haste contrary to the pulse of the Hindu Sentiments and above all contrary to the principle of natural justice in order to meet their selfish ends without giving any due prominence to the stature of the saint.

It is very significant to note that in many criminal cases against the prominent political leaders facing corruption charges, the courts have granted anticipatory bail pending disposal of the case in non bailable offences imposing certain conditions and we have also read from the reported journals and case laws aggrieved persons obtaining anticipatory bail in camera from the chambers of the judges and also at their residence fulfilling certain conditions imposed thereon. Such being the prevailing judicial scenario of our country, how could a celebrated holy Hindu Spiritual saint of the universal stature like Shri. Sankaracharya denied bail without any justification and thereby bolted in jail like a hard core and notorious criminals. How can the people of this country, particularly his disciples and staunch followers tolerate their beloved seer locked in a dark room of the jail with all the doors and windows shut?

The Article 14 of the Indian Constitution enshrines the fundamental rights of equality before law or the equal protection of the laws within the territory of India and Article 15 of Indian Constitution prohibits discrimination on same social grounds religion, race, caste, sex, place of birth or any of them. Notwithstanding, the law laid down in the constitution, we have come across many cases wherein the persons of political standing alleged to be involved in the offences are placed under detention pending disposal of the bail application in posh bungalows. Late Sri. Shaik Abdullah, Former Chief Minister of J & K and Kumari Uma Bharathi, former Chief Minister, MP is one such living example who has been detained in Posh Kodaikanal bungalow and University of Agricultural Sciences Government bungalow in Karnataka respectively.

Therefore, considering the stature and personality of the Holy Seer Shri. Sankaracharya and the subsequent demands made by various leaders like Sri. AB Vajpayee, Sri. Chandrasekhar, Sri. L.K. Advani including the former President of India Sri. R. Venkataraman and subsequent formal appeal made to the President of India Dr. APJ Abdul Kalam and above all considering the aspirations of the people of this country, the High court should expidetiate the bail plea of the holy seer exercising its inherent powers under section 482 Cr.PC and thereby enlarge the Holy Seer by granting him bail pending trial.

SHAIK MAHABOOB.

Advocate

#5, FF, Girimaji Rao Complex,

K.G. Halli, Bangalore-560 045.

email: shaik_mahaboob@dataone.in

Date of original publication: November 14, 2004

The author of this article is a former General Secretary, State BJP Minority Morcha, Karnataka State.