HC stays arrest of Swami Avimukteshwaranand
The Allahabad High Court on Friday reserved its order on Swami Avimukteshwaranand Saraswati’s anticipatory bail plea in a case registered against him under the Protection of Children from Sexual Offences (POCSO) Act and stayed his arrest till the pronouncement of the verdict, lawyers said.
Justice Jitendra Kumar Sinha passed the order and directed the state government as well as the informant, Ashutosh Pandey alias Ashutosh Brahmchari, to file their replies in the matter.
The court said the order on the anticipatory bail plea is likely to be delivered in the third week of March and directed the applicant to cooperate with the police in the investigation.
It also clarified that Avimukteshwaranand shall not be arrested in connection with the FIR till the pronouncement of the order. As the High Court gave an interim relief to the seer, his disciples and supporters broke into celebrations at a Varanasi ashram while the spiritual leader welcomed the development, while maintaining that the charges against him were “fabricated”.
However, the complainant in the case, Ashutosh Pandey, said in Prayagraj, “This (stay on arrest) is not the final decision of the court; the final order is yet to come. We are hopeful that the innocent batuks (young disciples) will get justice. We will submit our affidavit and evidence before the High Court.”
The spiritual leader has been accused of sexually exploiting two persons, including a minor, apart from other offences mentioned in the FIR. The case was registered at Jhunsi police station on the direction of a Prayagraj POCSO court, alleging sexual exploitation of ‘batuks’ by the seer and others.
In the High Court, senior advocate Dilip Gupta, appearing for the applicant, submitted that the informant, Ashutosh Brahmchari, has a criminal history and that the seer has been falsely implicated at the behest of the State Government.
He further argued that the alleged victims had never stayed at the ashram of Swami Avimukteshwaranand.
From the State’s side, an objection was raised about the maintainability of the anticipatory bail plea, contending that it had been filed directly before the High Court without first approaching a sessions court. In Varanasi, Avimukteshwaranand said, “The batuks never stayed in the ashram. The entire Hindu community was hurt by this incident. We welcome the court’s decision.” Following the High Court’s order, disciples and devotees gathered at the Shri Vidya Math in Varanasi and distributed sweets to celebrate the interim relief granted to the seer.
Before the developments in the court, Avimukteshwaranand, on Friday, said he was willing to undergo a narco analysis test if it helped establish the truth in the sexual abuse case registered against him.
“If the truth can be ascertained through a narco test, it should certainly be done. Whatever methods are available to uncover the truth should be adopted,” he told reporters here.
“Falsehood does not last long. Those who fabricated a false story are being exposed. As people come to know about this concocted case, the truth will become clear,” he said.
Questioning claims linked to medical examination reports, he said, “How can a medical report establish our involvement? It is being said that the report has proved misconduct. That may be someone’s statement, but what meaning does a medical report conducted after so many days carry?”
Even if any wrongdoing had occurred, it would not automatically establish who was responsible, the spiritual leader contended. “The child who never came to us cannot be easily linked to our name.”
The seer also alleged that the children were staying with the complainant, Ashutosh Brahmachari alias Pandey, and questioned why they were not sent to a juvenile home.
He referred to media reports claiming that the children were kept at a hotel in Hardoi and alleged that they were not allowed to meet journalists. He further accused the police of shielding the complainant and preparing statements against him.
“No matter how elaborate the fabrication, the truth will eventually come out,” he said. On Thursday, Avimukteshwaranand told reporters that he has filed a case against the accuser, Ashutosh Brahmachari, under the POCSO Act, claiming the law allows legal action against those who file false cases.
