The Hindu Business Line : Stop this overkill

EVER since the arrest of Shri Jayendra Saraswati, the senior pontiff of the Kanchi Mutt, on a murder charge, the entire Sangh Parivar, and other Hindu religious groups in India and abroad have kept up an unrelenting vitriolic chorus of denunciation of the Tamil Nadu Government, particularly, the Chief Minister, Ms Jayalalithaa and the police officers investigating the case.

They will do well to read with an open mind, determinedly putting aside their prejudices and preconceptions, the detailed and reasoned statement of the Chief Minister, explaining the stand of the Government and the process of investigation.

In fact, those who are fervently for the rule of law and brought up in the values and morals that were taken for granted some 40-50 years ago would be appalled that the accused involved in allegations of gruesome murder should be shown the kind of solicitude and consideration that both the seers are receiving.

The oft-quoted legal presumption of an accused being innocent until proved guilty is only a guideline for the application of evidence in the course of a trial for the purpose of arriving at a final verdict.

For all practical purposes, the social presumption is, or ought to be, that there can be no smoke without fire, and that no police investigative agency and no State Government would lightly make an arrest on a grave accusation like murder unless there was sufficient material justifying it.

It must be remembered that a murder investigation is required to be closely supervised by higher police officials and recourse to arrest and other serious encroachments on personal liberty is not taken without proper legal advice.

It would be preposterous to imply collusion on the part of a whole lot of senior and experienced officials and legal advisers just to pursue a vendetta.

May it also be recalled that the High Court had gone into the case diaries and supporting evidentiary material before rejecting the bail applications.

The Supreme Court, no doubt, had made some observations while granting bail to the senior Shankaracharya, and the State Government has already moved the Court for expunging them.

The greatest service that the Sangh Parivar and those of its ilk can do now is to stop this shrill campaign of vilification of those who are only discharging their duty under the law.

B. S. Raghavan

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