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Acharya’s counsel will not be arrested, says PP
Saturday March 5 2005 00:00 IST

CHENNAI: Public Prosecutor K Doraisamy on Friday told the Madras High Court that there was no move to arrest Y Thyagarajan or A Shanmugham, counsel for Kanchi acharya Jayendra Saraswathi in the Sankararaman murder case.

When arguments on the writ petition from Shanmugam seeking to transfer the cases filed by the SIT against two women advocates Nadira Banu and Revathi to the Central Bureau of Investigation (CBI) resumed before Justice K P Sivasubramaniam on Friday, the Public Prosecutor submitted that ‘‘they are not going to arrest either Thyagarajan or Shanmugham at this stage and the entire complaint is only at the stage of investigation.’’

Recording the submission, the judge adjourned the matter by a week for filing counter.

Earlier, Shanmugham’s senior counsel K Chandru told the judge that a counsel discharging his duties as an advocate for the accused could not be subjected to any threat. From the very beginning, the investigation was always very aggressive and the very object of the present complaint was only to threaten the advocate so that he would be discouraged from defending the accused.

The Public Prosecutor submitted that the mere fact that the accused were advocates could not mean that they were above action. The approver (Ravi Subramaniam) had given a complaint to the Magistrate himself directly to the effect that the two lady advocates came and threatened him and induced him to retract his earlier confession.

After going through both the complaints, the judge observed that the main allegations were only against the two lady advocates.

There was nothing to implicate either Thyagarajan or Shanmugham, who happened to be the lawyers defending the Acharya in the murder case.

‘‘I am unable to find any direct nexus between the petitioner (Shanmugham) and the offences alleged against him. In fact, in the FIR itself only the two women advocates have been shown as accused,’’ the judge pointed out.


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