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EXCERPTS FROM THE THUGLAK MAGAZINE DATED 8/12/2004

WARNING:-

Just as this issue goes for print, there is some information that some more new allegations have been let out from the government sources in the Kanchi Sankaracharya’s case.

Sankaracharya himself has deposed and accepted to the crime is the version given by govt. to the Court. This type of argument, which has been given to the police, cannot be termed as acceptable in the court of law. The govt. while opposing the bail application, has very cleverly used this deposition which is not correct in our view.

But had it been legally stressed that this confession in police custody must not be published, then this whole issue would have been politicized and the media would have blamed that the crime performed has been suppressed and the court has ulterior motives in handling this case. Presently this is the situation created by politicians and the media in this state. .

It is also our opinion that only if this case is transferred to another state will the Sankaracharya also get his due share of the legal opportunities that is given to others. The happenings in the recent past have only strengthened our view.

In this kind of deposition, signature should not be taken but the govt. advocate has said that this has been videographed, which is a clear flouting of the legal rules by the police. Otherwise how this video graphing information which should have been in possession of police spread to the media?

The police are bent upon giving some information to the media for publication. This is not going to strengthen the case. But in the eyes of the public, the Sankaracharya’s name and fame are bound to be spoiled. Apart from conducting the trial, is the Govt. trying to tarnish the image of the Sankaracharya?.

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CASE ENTANGLED IN RUMOURS

Kanchi Sankaracharya’s case is flooded with rumours created by the media to such an extent that it is not known in which direction it is being dragged. Daily some news is cropping up coupled with all sorts of rumours with the result there is no room at all for finding the real facts.

Rumour on the one side is whether the police themselves are planning and spreading news items in order that the public should gain confidence towards the govt. and on the other side the govt. is only bent upon taking revenge is the doubt doing the rounds in this case. In between this, information on the court proceedings, arguments, orders etc. gets sandwiched with the result that it is very difficult to find clarity in the case.

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ACTION AGAINST SANKARACHARYA - PEOPLE UNHAPPY

In the first instance, DMK Leader Karunanidhi welcomed the arrest of Kanchi Sankaracharya Sri Jayendrar and conveyed his support over the action taken. But subsequently he made another statement after a few days that as per information received this arrest action may be part of revenge being taken against the Seer. Immediately, Marxist party District Secretary Varadarajan said that DMK leader should refrain himself from making such contradictory statements which will create a confusion in the minds of the people.

After this a clarificatory statement statement has come from DMK leader stating that there is no change from his original stand and that he is not opposed to the arrest of the seer or the case file against him.

Before this self-explanatory exercise, why the DMK leader had questioned “Whether this is an act of revenge”. This has taken the political and the media circle by surprise.

The public opinion is that action taken against the sankaracharya is very tough nd the people are very unhappy about it.

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CASE AGAINST JAYENDRAR – FABRICATED LIE --BY S.GURUMURTHY

When sankaracharya was arrested, the police had alleged that there were 3 clear evidences against Jayendrar which proved that he was involved in the crime. What are the 3 evidences? How they have become ineffective now? It is necessary to mention that they have become legally ineffective.

The reason for writing this explanatory article is because excepting the BJP , all other political parties, governments and media have all termed Sri Jayendrar as the one who was involved in the crime.

Against sankaracharya what are the evidences that are shown by the police?

One – Kathiravan and Rajini alias Sinna have confessed to have performed the crime, turned approver and gave their deposition.. As per their deposition, they murdered sankararaman as sankaracharya requested them do so, for which they have also taken money. It seems that the police had received their confession on 10th November. It is also said in the police circle that the accused were arrested on 9th November and the criminals have themselves given their confession . On the basis of this only sankaracharya was arrested on the night of the next day i.e.11th November.

When talking in Assembly on the arrest of sankaracharya, the Chief Minister Jayalalitha had taken this confession against the sankaracharya and said he only instigated for the murder, which served as a shocking evidence. She termed Jayendra Saraswathi Swamigal as a murderer before it has been proved in the Court of Law.

Based on the version of these two accused only the public prosecutor on 13th termed him as a worst criminal instead of calling him an accused I had written in the Indian Express dated 23rd November the following:-

The witnesses against the sankaracharya are not ordinary offenders. They are criminals. And they have said that as the sankaracharya requested they were involved in the crime. This is not a secret at all. The general practice is these criminals always give statements as instructed by police. But in this case they have not been arrested on 9th November as alleged by the police and given their statements the next day. They were arrested on 3rd and up to 10th November they have been trained by police and that is why they have acted as witnesses against sankaracharya. More over they have not deposed before the court but only before police on 10th November.

On 24th November when Kathiravan and Rajini were brought by the police praying for 15 more days custody before Kanchipuram Magistrate, Kathiravan narrated all the incidents from his arrest on 3rd till 19th i.e when he gave his deposition. He also said bout the torture he experienced at the hands of the police. He mentioned that he was arrested

On 3rd and from 4th to 8th he was beaten up by police, tortured and also asked to depose to the magistrate the way the police had told him. There is proof that he was arrested on 3rd November in the form of a telegram sent by his lawyer. Kathiravan said first he was tortured in Uthandi and in a hotel in Sriperumbudur and finally in kanchi sub-jail on 9th November. The next day he gave statement in front of a tahsildar which was videographed in which he was forced to say that sankaracharya performed the crime. Due to the impact of the torture Kathiravan couldnot write with his hand and hence the magistrate himself wrote as stated by him. Similarly Rajini also said he was tortured and that he also lost his tooth as a result.

After this any fair govt. would not have continued to keep Sri Jayendrar in custody. It should have released him and the policemen who had committed mistakes should have been suspended. But this govt. foisted another case against Sri Jayendrar and once again arrested him for that purpose. In order to ensure that whatever the Chief Minister told must some how become true more and more wrong informations in this case against the sankaracharya have surfaced. These totally untrue details have been given to the Press stating that Sankaracharya himself has confessed to the crime. The Govt. is bent upon starting a war against the sankaracharya.

The confession supposed to have been given in police custody have no say when it comes to legally proving it. No one can be compelled to do so and even if it happens it will have no value. But one thing is definitely clear to me. This action taken by the Chief Minister does not seem to be enforcement of the law but there is some inner meaning to it which is not known by anybody. If a person of the status of Sankaracharya is to be arrested means even ordinary people will know the kind of proof and documentary evidence is required for the purpose. It is not easy to take action against a person who has crores of followers. When this is the case, why they should torture some body to get statements against him. Why he has been targeted? There should be a big background behind this.

Whether the remarks made by Sri Jayendrar that the Chief Minister lost the elections because of her head-weight, the reason for this action which means this is nothing but taking revenge. Is there any other reason wherein Jayendrar created enmity towards the Chief Minister? are questions which have become unavoidable. The fact that this is totally fabricated is known even before the commencement of this case and that Kathiravan and Rajini have been false witnesses who have let down the govt. by their contradictory statements.

Today Jayendrar seems to be the foremost enemy of the Chief Minister than Karunanidhi. Only God knows why the Chief Minister by foisting wrong case against the sankaracharya, want to defame the internationally renowned Shankar Mutt of Kanchi. In future also nobody is going to the accept this fabricated case against the sankaracharya as a foisted case. Unnecessarily the Chief Minister has made this as a ego clash and the police will never accept the truth and come out with the facts. Since there is not much of a difference between the ruling party and the opposition party, none is going to accept

This case as a foisted case. The media has already called the sankaracharya as a criminal and punished him. The remaining thing is the Court of Law and with its snail’ pace it will take many many years to come out with the verdict that Jayendrar is innocent if he is alive. Before the court decided who the culprit was, Jayalalitha’s govt. foisted a false case. Even after it is clearly known that it is a false case and the govt. does not accept the same it means it is ready to tell more and more lies. Hence, I will write in the issue next week how this case has been more falsified.