SC stays trial in Shankaraman murder case

NEW DELHI: The Supreme Court on Monday stayed the trial in Shankaraman murder case till further orders.

A division bench, comprising Justice K G Balakrishnan and Justice  D K Jain, after hearing an application filed by Kanchi Shankaracharya Jayanendra Saraswati -- main accused in the case -- for the transfer of public prosecutor appointed by the Tamil Nadu government, posted the matter till second week of July.

The apex court stayed the trial, pending with a Pondicherry Sessions Court, after senior counsel S S Nariman appearing for the petitioner informed that it is scheduled to proceed on a day-to-day  basis with effect from June 7.

Nariman also contended as the case has been transferred out of Tamil Nadu, it is the prosecutor of transferee state (Pondicherry) who is competent to prosecute the accused.  The court agreed with the stand taken by Nariman.

Senior counsel Rajiv Dhawan, appearing for Tamil Nadu government,  however pleaded that the Tamil Nadu continued to be a prosecuting  state though the case has been transferred out side the state.

 When the court asked which state shall file an appeal in case of  acquittal, Nariman replied it should be Pondicherry, but Dhawan insisted that it should  be Tamil Nadu.

Shankaraman, Manager of Kanchi Muth, was found dead in January  2005. The case was transferred out of Tamil Nadu for trail on the plea of Shankaracharaya that in view of the personal interest being taken by Tamil Nadu Chief Minister J Jayalalithha, free and fair trail was not possible in Tamil Nadu.