SC upholds anticipatory bail to Swami Avimukteshwaranand in POCSO case
What's the story
The Supreme Court has upheld the anticipatory bail granted by the Allahabad High Court to Swami Avimukteshwaranand Saraswati, Shankaracharya of the Jyotir Math. The decision comes in a case registered under the Protection of Children from Sexual Offences (POCSO) Act. A bench of Justices MM Sundresh and N Kotiswar Singh rejected an appeal by complainant Ashutosh Brahmachari, questioning his initial inaction despite being aware of the offense.
Case scrutiny
Allegations of sexual abuse against Saraswati
A special POCSO court had ordered an FIR against Saraswati for allegedly sexually abusing two minor boys at a Prayagraj camp. The complaint was filed by Shankuri Peethadheshwar Ashutosh Maharaj. The Allahabad High Court granted anticipatory bail to Saraswati, raising doubts about the prosecution's case, including the victims' disclosure of the incident to the complainant instead of their guardians and a six-day delay in filing the FIR.
Influence apprehension
Brahmachari's plea in SC
The complainant's plea in the Supreme Court highlighted concerns over Saraswati's influence on the investigation. It argued that his standing could lead to witness tampering and interference with victims. The plea contended that the High Court had gone beyond its limited scope of scrutiny at this stage by delving into evidentiary matters meant for trial examination.
Observations addressed
Minors were with Brahmachari, High Court observed
The High Court had observed that the minors were with the complainant and not immediately handed over to their parents or authorities. It also noted media interviews given by victims, which were against the POCSO Act norms. The plea responded by stating that the incident occurred during Magh Mela when conditions were chaotic, preventing minors from reaching their families. It said disclosure was made to the complainant out of familiarity and trust.