The Himalayan height of her low-level vendetta at work

Friday, January 14, 2005

(Paraphrased and compiled from various sources including “The New Indian Express, Jan. 14, 04.)

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A quick glance at the contents:

She freezes the Math bank accounts all over the country

She plans to detain the Acharyas under the Goonda’s Act

She scrutinizes Kamakshi temple account records

She plans to disrupt the poojas offered to the deities for
over 2,500 years

She plans to implicate the Acharya in one more case

She issues fresh summons to the Acharya

Her Police manipulate the video recording

She violates the Human rights of the Acharyas

She is now joined by an ‘Italian’

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“Jaya’s Bias and act of vendetta”
(Tit bits from the public opinion, as reflected in the Newspapers)

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How a ‘secular-anti-Hindu culprit’
was exposed and debunked by the High Court

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Want a convincing proof about Jayaa’s bias and her low-level vendetta at work? Please read without fail (Jan. 12, 05). A reader, who appreciated this significant feature article (“Jayalalithaa’s low-level vendetta at work?”), has taken the liberty to paraphrase some of its salient points to enable you to have quick grasp of the subject matter. The paraphrased synopsis is presented below, at the very outset:

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There is enough in the recent Supreme Court order to constitute a severe indictment of Jayalalithaa who was motivated by extraneous reasons to book the Shankaracharya. The action of this headstrong lady does smack of a low-level vendetta, particularly after the arrest of the junior Acharya, within hours of his senior being ordered to be released by the Supreme Court on bail. She did not hesitate to flourish a confessional statement allegedly made by the senior Acharya himself to deny bail to him. But the court demolished the edifice of her case. The lady stood shredded to smithereens by the reasoned bail order of the apex court. Stung to the quick, the very vindictive lady within hours had the junior Acharya arrested in the self-same murder case. It would not be any surprise if his detention in a police cell is sought to be used to get a confessional statement out of him, too. It is significant that he was not arrested so long as his senior was in custody. Clearly, the crude tactics of playing the senior against the other might be tried by the frustrated lady. The house of cards that she built to arrest the senior Acharya had been blown away by the apex court order which found the evidence on record too poor to deny him bail. Given his high position and the keen media interest in the case, the lady would now expend all her energies to make the charges against the senior Acharya stick. She has already lost face from the detailed bail order. Should the case against the junior seer too fall for want of clinching evidence, the charge that she had a personal agenda in pursuing the head of the Kanchi Mutt would only be strengthened. Obviously, this lady had a hidden political objective in hounding out the seer. It will be a sad day for our Republic if our politicians misused the powers of criminal investigation and arrest to burnish their secular image in order for them into ensnaring the votes of the minority community. Typically, cynical politicians in India have trade-marked a ploy to win secular plaudits by railing against the revered symbols of Hindu religion. If you arrest the Hindu seer on trumped up charges of murder, the law is expected to take its own course, as it well might. But if the administration drags its feet on implementing various directives of the Delhi High Court regarding the clearing of illegal structures in and around Delhi’s Jama Masjid, the law-keepers quote the apprehension of breach of law and order to justify their non-action. They thus pander to a ‘bogus secularism’ which treats minorities on a special footing vis-à-vis the majority community. The amorphous nature of the Hindu religion and its leaderlessness are some other factors in the Hindu community often being treated shabbily in its own home. Double standards are the hallmark of these ‘bogus secularists’. The trumped up case against the Shankaracharya proves that once again.

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She freezes the Math bank accounts all over the country

There has been an undeclared freeze of all bank accounts of the Kanchi Math. Neither the Math nor its advocates had been warned of the move, which has crippled all its day-to-day activities. As many as 183 different accounts of the in various banks have been frozen at the behest of Jayalalithaa’s Police without any basis and this action was tantamount to violation of the fundamental rights of the Acharya as the Peethadhipathis of the Kanchi Math. Obviously, the lady is seeking to cripple the activities of the great institution and this should be challenged in the court.

A number of beneficiaries of the Math‘s welfare programs, like those receiving old-age-pension, free medicines and education are affected in the process. The Kanchi Math functionaries and those running the associated institutions are unable to continue with their administration. The hospitals and educational institutions are the worst-hit, not to speak of the Math and its branches. The bank accounts of the Math and its trusts were been frozen without even any notice. It was only when some cheques bounced that the Math realized what was happening. Thos in charge of the management are now trying to come up with both interim and lasting solutions to the problem.

Priority will have to be given to the daily poojas to be performed not only by the Shankaracharya, but in all branches, along with running of medical and educational institutions. Aside from the salaries, the purchase of medicines, maintenance of the premises, food and educational aids for students in schools have to be provided for. There is also a wide range of social activities initiated by the Math, which will now face a severe financial crunch. The Math now looks to voluntary contributions to help run all the institutions. With the cash on hand, the institutions may manage for the next couple of days, but anything beyond that will be a problem.

One of the ardent devotees who has been to Kalavai to seek the blessings of the Shankaracharya, said: “It was a pathetic sight. None of the usual, familiar faces were seen. The staff and volunteers who were there very hesitatingly approached some of the known followers of the Math for any contribution to continue with the poojas and running of the establishment there. Normally, during half the time taken for the puja, devotees can have darshan. But today it was just for the beginning and the end. They are afraid the police may enter any time and disrupt the puja.” A team of devotees and lawyers is busy chalking out an alternative strategy to maintain as much of the Math’s activities and programs as possible. Its hope is that the followers will stand by the institutions in this hour of crisis

She plans to detain the Acharyas under the Goonda’s Act

It is learnt that the two Acharyas could be detained under the Goonda’s Act by Jayalalithaa’s Government. Hectic activities were witnessed in the Kanchipuram District Collectorate, which will issue the detention order under the act. But so far, Jayalalithaa’s police did not choose to press the summons it had issued to the Senior Acharya presently camping in Kalavai, for further questioning.

She scrutinizes Kamakshi temple account records

A team of police officials and staff from the Hindu Religious and Charitable Endowments Board examined the account records of Sri Kamakshi temple at Kanchipuram. The team which sought the records for scrutiny left the temple office a few minutes before the temple was thrown open for devotees. The Board officials will continue the exercise in the coming week. It may be noted that the Administrator and Kanchi Math representative from temple was requested by the Special Investigation Team on the use of gold, contributed by the devotees, for renovations and new projects, including the golden chariot project.

She plans to disrupt the poojas offered to the deities for over 2,500 years

The daily poojas are presently being performed by the Senior Acharya as the junior Acharya had been arrested. The pooja had to be performed thrice a day and not be stopped. According to the Kanchi Math, the particular poojas have been performed only by an anointed Shankaracharya. When the Acharyas travel, the deity is taken by them and regular worship offered to it. The poojas offered by the priests at the Math are entirely different from the particular pooja performed by the Peethadhipathis. Hence, if the Acharyas were to be in prison, there would definitely be a serious, unfortunate and unacceptable disruption to the poojas offered to the deities for over 2,500 years causing anguish and spiritual pain to tens of thousands of devotees.

She plans to implicate the Acharya in one more case

The Counsel stated that the Senior Acharya had learnt that the Police were trying to implicate him in one more case. The Acharya had also moved the Sessions Court in Chennai, for anticipatory bail and the Public Prosecutor had informed the Sessions Court that the State Govt. had moved the SC for modification of the bail order, and gave an undertaking that the Acharya would not be arrested till January 20. The matter is now pending before the SC.

She issues fresh summons to the Acharya

A summon issued by the police to the senior Acharya was withdrawn after the advocate cited non-applicability of a Sec. under which the Acharya was summoned. The summons issued under Sec. 160 of the Criminal Procedure Code (CrPC) was issued only to witnesses and the Acharya was not a witness, and has been living in a place which did not fall under the jurisdiction of the Vishnu Kanchi police Station. The Counsel cited the SC order of 2004, wherein the Court said that the Investigative Officer had no power to summon anyone under Section 160 of the CrPC unless he is a witness. The police had to accept his argument and orally said that they were withdrawing their summons. According to the Counsel of the Acharya, the summons had been served with an ulterior motive. The Police had the Senior Acharya in their custody for three days and if they wanted to interrogate the Acharya to clear any doubts, they could have as well sought permission from the court to question him during his judicial custody period. The timing seemed to raise suspicion.

The Police had issued the summons to the Acharya (on Wednesday) asking him to appear before them by 10 am. But when the Acharya expressed his inability to present himself before the Police at the said time because of the poojas to be performed, and asked the timing to be changed to 3.30 pm, the Investigating Officer rejected the offer and granted only an hour’s grace time. When the decision of the Police was conveyed to the Acharya, the latter asked his lawyer to explore all legal avenues. Pooja was a vital component of the Shankaracharya’s daily routine and that he alone should perform it.

Her Police manipulate the video recording

Under the guise of interrogation the police had manipulated some video recordings as if the Acharya had made some admissions and circulated them to some private television channel. Regarding these clippings of a video tape that were telecast by the TV channels, the SP told the Counsel of the Acharya that he had not given them out. Further, the SP pleaded innocence and added that the tapes were delivered to the TV channels by an unknown person. Terming it to be a manipulated one, the Acharya’s advocate charged that that it was not legally correct to do so and that it would be challenged in the Court.

She violates the Human rights of the Acharyas

The National Human Rights Commission (NHRC) has issued a notice to the Jayalalithaa’s government on the circumstances leading to the arrest of the junior Acharya, and a selective leakage of the video excerpts of the police interrogation of the Senior Acharya to TV channels. The Commission has sought a report within two weeks.

Considering the telecast of the video excerpts leaked by Jayalalithaa’s police through some television channels, the Commission stated that it raised an issue about the rights of a person facing investigation to a fair trial -- a constitutional imperative.

The NHRC has referred to various media reports, both print and electronic, saying that the junior Acharya, who was performing daily pooja in Kanchi Math, was arrested within hours of the SC directing the release of the Senior Acharya on bail. The Commission noted that according to reports, the junior Acharya had been arrested while offering pooja and that the police had entered the Math, a place of worship, without any permission. It was noted that the devotees of the Math felt the absence of both the Acharyas would affect the centuries-old-tradition of daily poojas and that this had hurt their sentiments.

The Counsel for the Math has denounced the video clips as manipulated, with a view to damning the institution in public. (The footage relating to the interrogation of the senior Acharya while in police custody, broadcast by the TV channel seemed to show that the senior Acharya had some serious reservations about the behavior of the junior Acharya and also that he had been extremely exercised over Shankararaman’s letters against him).

The NHRC therefore asked Jayalalithaa’s government to submit a factual report on the issue in two weeks.

She is now joined by an ‘Italian’

The HRD Ministry has decided to withdraw the clearance for the Indian Institute of Technology (IIIT) which it had given to the Kanchi Math a year ago. It was the personal wish of the Senior Acharya that an IIIT, focusing essentially on computer hardware and software technology comes at Kanchipuram. The then HRD Minister, Murli Manohar Joshi, had gladly met the demand. Obviously, the present move to take away the IIIT from Kanchipuram has very much to with the present unfortunate situation faced by the Senior Acharya. But the lame excuse given by the HRD Ministry is: “We thought it would not be viable for the Kanchi Math to run such an institution even if it had land. You need an academic infrastructure. A Cabinet note is now being prepared to undo the earlier (read BJP) decision taken by Joshi.

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‘jAYA’S BIAS AND ACT OF VENDETTA’
(Tit bits from the public opinion, as reflected in the Newspapers)

The Tamilnadu government’s plea to the Supreme Court that the Senior Acharya be moved out of the southern states as he has many devotees and through them he may interfere with the witnesses in the Sankararaman murder case and that he be allowed to stay in any northern state is indeed puzzling. The Acharya can still do this very comfortably, if at all he would want to, staying in any northern state, as he has plenty of devotees there. Yet another plea that the Acharya be restrained from meeting or giving interviews to the media perhaps comes from the fear that he may spill the beans. On the whole, it would appear that the investigating team does not have enough evidence.

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The authorities are systematically denigrating the mutt. What is the motive? The law takes its own course and clinching evidence applies only in certain cases and in others the authorities turn a blind eye. Whatever the provocation, the restraint shown by devotees is really exemplary, because all of them are peace loving. The strength shown by the Senior Seer when in prison without resorting to health gimmicks is also commendable. Nobody can destroy the mutt and its peace loving activities. As the Supreme Court has clearly stated that there is no concrete evidence, it is time the case was transferred to another state and a CBI inquiry initiated. Only then justice will prevail.

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Whenever minority community leaders are involved in any law and order problem, governments throw away all rules and laws fearing the wrath of that community. But when it comes to a question of a majority community (Hindu) these governments abuse the laws to arrest, torture and malign the reputation of a great institution and its leader. Is this possible anywhere in the world expect in India?

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On the evening of Jan. 10 when the Junior Acharya was arrested, he was not allowed to perform pooja due then and with the Senior in jail at Vellore, no pooja could be performed. This situation continued till the Senior seer came to Kalavai and began pooja on the night of Jan. 11 after his release on bail. Thus, there was interruption for a day, on account of the hasty and untimely action resulting in the arrest of the Junior Seer. This has hurt the feeling of thousands of God fearing people across the country -- particularly Hindus.

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The oft-repeated quote that the law will take its own course has lost its validity in the Indian context. It is obvious that political power can distort the law and direct it to a course not of its own.

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The action of the police in entering the Kanchi mutt and preventing pooja should be condemned by everybody. The people are now in a state of shock.

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We are aghast by the police storming a sacred Hindu place of worship with shoes and lathies to arrest Junior Acharya Vijayendra Saraswati, who had been cooperating fully during investigation.

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Does the law permit telecast of visuals like the video of the Kanchi Acharya talking to the police while in custody? Action should be taken against those responsible.

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It is absurd to think that Sri Jayendra would stoop to confiding in his adversaries. This is a move to divide the Acharyas.

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Since when have the police started asking the person being questioned to lie down and answer? Was the Shankaracharya fully conscious when he answered those questions? There has to be a mechanism to stop the State from going overboard.

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The video clip was sent to the media to turn people against the Mutt. There is a strong bond between the Acharyas and time will prove this.

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Only the authorities could have arranged, directly or indirectly, the telecast.

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If S. Gurumurthy can be questioned about the sources of the information in his articles, the same norms should be applied to investigate the leak of the video clip.

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Who has the authority to approve the telecast of videotapes of police interrogation? Is it not an offence when the case is pending in Court?

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The arrest of the Junior Acharya is inexplicable. The Chief Minister claims the people of the State have appreciated the principled stand taken by her Government. Was any poll done on this issue?

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As for the Tamil Nadu Government’s request to shift the Acharya anywhere north, is Sri Jayendra not an Indian with fundamental rights guaranteed under our constitution to live wherever he desires within India? Has he not subjected himself totally as a law-abiding citizen?

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I suppose one should be thankful to the Tamilnadu Government for not seeking the deportation of the Kanchi Acharya to the Andamans.

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The Tamil Nadu Government’s plea to the Supreme Court to order Sri Jayendra out of South India is untenable.

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Whatever goodwill Chief Minister Jayalalithaa had earned from the elimination of Veerappan, getting Veeranam water to Chennai and strict punishment for video piracy is being lost by the action taken in the Kanchi Mutt case.

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Amid the widespread resentment against the arrest of the Acharyas, Chief Minister Jayalalithaa’s claim that her Government was lauded by the people for its audacious act is nothing short of an irony.

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The honourable Supreme Court should teach the Tamil Nadu Government what equality before law is!

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