Math whether religious institution or not discussed.

By consent of both parties, the writ petition itself is taken up for hearing.

2. This writ petition has been filed by the Senior Pontiff of Sri Sankaracharya Swamigal Srimatam Samasthanam, represented by its Manager. The petitioner has prayed for a writ of Mandamus to forbear respondents-1 to 3 from interfering with the right of the petitioner to manage and administer its affairs, property, including the bank accounts, in various banks held in its name and in the names of the various endowments connected with it.

3. In the affidavit filed in support of the writ petition, after referring to the advent of Sree Adi Sankara and his preachings, it is stated that Adi Sankara was intimately associated with Kanchi and he established the Mutt for his residence during his last years and also nominated a young boy as his successor. Sree Sankara Mutt, established by Sree Adi Sankara at Kancheepuram, is an organisation built around Advaita Philosophy for its propagation and that the Mutt has a definite name and is a religious denomination within the meaning of Article 26 of the Constitution. The petitioner is, therefore, entitled to administer and manage its affairs and property without interference from the State.

4. On 11.11.2004, the Senior Pontiff was arrested at Mahaboob Nagar, Andhra Pradesh, on alleged charges under Section 302 read with Sections 120-B and 34, I.P.C. on the allegation that he conspired with others to do away with one Sankararaman of Kancheepuram on 3.9.2004. He was brought to Kancheepuram and remanded to custody. From then he was remaining in custody till he was released on bail by the order of the Supreme Court on 10.1.2005 in Criminal Appeal No.44 of 2005. It is alleged that during the custody, he underwent and suffered mental torture and that several other innocent persons connected with the activities of the Mutt and several employees were taken into custody and harassed by the Special Investigation Team, Kancheepuram.

5. The Manager of the Mutt was called at least 15 times for interrogation and was arrested on 24.12.2004. The Junior Pontiff was also arrested on 11.1.2005 and during the arrest, police had trespassed into the Mutt premises and took custody of him, without caring about the religious sentiments of the devotees of the Mutt. Such high-handed action on the part of the police was totally uncalled for, even though the Junior Pontiff and other employees of the Mutt were totally cooperating with the Investigation Team. The police created terror in the minds of the devotees, resulting in the thinning of the visit of devotees of Mutt to a great extent. It is further alleged that the police appears to be interested only in tarnishing the sacred image of the Mutt and the reputation of the Pontiffs. They were also indulging in leakage of information to the Press drawn with ulterior motives. There were unannounced raids by the police in the Mutt premises and a trial was being conducted by the Press.

6. It is further stated that the police have also called for title deeds relating to the property which have no connection with the case. The latest action of the Special Investigation Team is a series of communications sent to various banks in which the Mutt has accounts, but the copies of the communications have not been furnished to the Mutt. But the Mutt has been advised by the banks that all their accounts have been frozen. The petitioners contend that most of the accounts represent the endowments created by the various devotees for carrying out the religious functions of the Mutt. The endowments are placed in the banks as fixed deposits and the income derived therefrom is utilised for performing the various religious functions. Thus, the amounts standing to the credit of the Mutt in the various banks is property belonging to a religious denomination. The State has no right to interfere with the administration and management of the property. The Mutt is a legal entity, and is distinct from the Pontiffs