BJP leader Subramanian Swamy on Thursday urged President Pranab Mukherjee to “revoke” the permission granted by the former Lt. Governor of Puducherry, Virendra Kataria, to appeal against the trial court judgment, acquitting all the 24 accused, including the two Sankaracharyas of the Kanchi Mutt, in the ‘Sankararaman murder case.’
In a petition to the President, Dr. Swamy said that the permission granted by Mr. Kataria, shortly before he demitted his gubernatorial office in the Union Territory, was “clearly with no application of mind,” as revealed by the former Lt. Governor himself from his press statements in July.
While the Puducherry Sessions Court acquitted all the accused in the case in November 2013, under the Law, an appeal against the acquittal has to be filed within 90 days from the date of judgment.
Mr. Kataria, had given his approval for filing an appeal against the judgment in the Madras High Court, as reported in the media in the first week of July, Dr. Swamy pointed out. However, within a week of his decision, the outgoing Lt. Governor had said that he was “trapped and tricked” (allegedly by the Rangasamy government in Puducherry) to sign the approval order “without knowing about the case particulars.”
This showed that there was clearly no application of mind on the Lt. Governor’s part and hence in Law, the “approval given for filing the appeal is not valid,” Dr. Swamy contended. Hence, the President should intervene in the matter and “revoke the permission” granted by the former Lt. Governor under Article 239(2) of the Constitution of India,” said Dr. Swamy.
Mr. Kataria, it may be recalled, was sacked on July 10.
Dr. Swamy urged the President to take remedial action in the matter on an “urgent basis” before an appeal was filed in the Madras High Court.
“Accordingly, you may advise the Prime Minister and send a message to the Cabinet,” urged Dr. Swamy in his petition to Mr. Mukherjee.
