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SC Judgement - Slap on the face of DK | |||
| Published on July 22nd, 2008 In Uncategorized | Views 167 | ||||
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The judgement by Supreme Court CJ, KGB that the pondy government can appoint a PP and continue with the case is slap on the face for the radical elements in TN DK, DMK,PMK and elk who were propagating that it is only the Sankaracharya was delaying the trial. The judgement puts in check yet another mis-endevaour on the part of the Govt and the radical elements to malign the Hindu order. =================================================== SC allows Kanchi seer"s plea for a public prosecutor New Delhi (PTI): The Supreme Court on Tuesday allowed the plea of Kanchi Shankaracharya Jayendra Saraswati for appointing a public prosecutor from Puducherry to hold trial against him in the Sankararaman murder case. A Bench headed by Chief Justice K G Balakrishnan said that the state of Puducherry, where the trial was shifted from Tamil Nadu, can appoint the public prosecutor and the case will continue there. =================================================== regards kumar |
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Posted on July 23rd, 2008
Read through this detailed judgement by the SC. It is marked judgement against the malacious propaganda of the DK thugs.
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It is for Puducherry to name prosecutor in Sankararaman case
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New Delhi: Once a criminal case is shifted from one State to another, it is the prerogative of the State where the case is transferred to appoint the public prosecutor to conduct the trial, the Supreme Court has held.
A Bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and M.K. Sharma directed the Puducherry government to appoint the public prosecutor to conduct the Sankararaman murder case, in which the Kanchi Sankaracharya, Sri Jayendra Saraswathi, is the key accused.
Acting on his petition, the apex court in May 2006 stayed the trial.
Allowing his appeal challenging the Madras High Court judgment upholding the appointment of public prosecutors by the Tamil Nadu government, the Bench said: “The power of the State Government to appoint a public prosecutor and an additional public prosecutor would extend only for conducting any prosecution, appeal or other proceedings in the courts within the State. As per the procedure prescribed under Section 24 of Cr.PC., Tamil Nadu can appoint a public prosecutor to conduct criminal cases in any of the court in that State. Such powers cannot be exercised by the State government to conduct cases in any other State.”
Writing the judgment, the Chief Justice said: “Once the case is transferred as per Section 406 of the Cr.PC. to another State, the transferor State no longer has control over the prosecution to be conducted in a court situated in a different State to which the case has been transferred. It is the prerogative of the State government to appoint a public prosecutor to conduct the case which is pending in the sessions division of that State.”
The Bench, while directing the Puducherry government to appoint a public prosecutor, additional public prosecutor or special public prosecutor, asked the Tamil Nadu government to bear the expenses for conducting the trial.
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regards
kumar
Posted on July 23rd, 2008
All along this case was known to be based on trumped up charges by JJ for extraneous considerations.The whole text of SC judgement on the bail application by HH can be seen in the website”kanchi-sathya.org” where it is fully produced.The hon’ble judges had rapped JJ and if she had any modicum of fairness she would have quit.
The Mutt published an ad repudiating the scurrilous charges levied by one infamous author accusing HH of improper conduct.Till date she did not go to police as it was a command performance.It may not be out of place to mention the writer’s husband deserted her after finding her to be amorous and promiscuous.
The intention of JJ was to malign HH which she did and would pay a heavy price .
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