Kanchi case: Court recorded charges on holiday, SC told

The anomaly was brought to the notice of the Supreme Court today by senior counsel F.S. Nariman. Arguing the pontiff’s petition seeking transfer of the case outside Tamil Nadu, Nariman told a bench of Chief Justice R.C. Lahoti and Justice G.P. Mathur: “Why the magistrate sat on a holiday is unexplained.’’

Justice Mathur wondered ‘‘how could it work on a holiday when no other court was functioning’’. He added: ‘‘Magistrate sitting on a holiday must mean someone should have instructed him to do so.’’

Nariman contended that it was a case of the state controlling its entire machinery. Referring to the solatium given by Chief Minister Jayalalithaa for Sankararaman’s widow and her statement against the pontiff on the floor of the House when his bail plea was pending before high court, Nariman claimed that her office was taking undue interest in the case.

Even the advocates for the accused are not being spared, he said. ‘‘Cases were registered against certain lawyers of the defence side. Though the Public Prosecutor told the Chennai High Court that these would be withdrawn, the police have not followed it till date,’’ he argued.

Nariman said the state administration had, in the past, tried to muffle criticism, as in the case of journalist S. Gurumurthy and leaders Murli Manohar Joshi and Karunanidhi. ‘‘You cannot stifle criticism,’’ he said, adding that the government’s behaviour had created fears that a free and fair trial would not be possible in the state.