Gujarat High Court
Janardhana Ramkrishna Sharma vs State Of Gujarat on 2 February, 2024
Author: A.Y. Kogje
Bench: A.Y. Kogje, Rajendra M. Sareen
NEUTRAL CITATION
R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (HABEAS CORPUS) NO. 9973 of
2019
With
CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2020
In R/SPECIAL CRIMINAL APPLICATION NO. 9973 of 2019
With
CRIMINAL MISC.APPLICATION (FOR ORDERS) NO. 1 of 2022
In R/SPECIAL CRIMINAL APPLICATION NO. 9973 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
===============================================================
1 Whether Reporters of Local Papers may be allowed Yes
to see the judgment ?
2 To be referred to the Reporter or not ? Yes
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
===============================================================
JANARDHANA RAMKRISHNA SHARMA
Versus
STATE OF GUJARAT
================================================================
Appearance:
PRITESH M SHAH(8405) for the Applicant(s) No. 1 KSHITIJ M AMIN(7572)
for the Respondent(s) No. 10
MR. Y. S. LAKHANI, SENIOR ADVOCATE for MR. RAHUL R
DHOLAKIA(6765) for the Respondent(s) No. 7
NOTICE NOT RECD BACK for the Respondent(s) No. 8,9
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4,5
MR. HARDIK MEHTA, APP for the Respondent(s) No. 1
SERVED BY AFFIX(N) for the Respondent(s) No. 6
MR. B. B. NAIK, SENIOR ADVOCATE with MR. SHALIN MEHTA, SENIOR
ADVOCATE for MR. MANASVI M. THAPAR for the Respondent(s) No. 8,9
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NEUTRAL CITATION
R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 02/02/2024
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE) Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent No.-1-State. Learned advocate Mr. Rahul Dholakia waives service of rule on behalf of respondent No.7 and and learned advocate Mr. Manasvi Thapar waives service of rule on behalf of respondent Nos.8 and 9.
1. This petition for issuance of habeas corpus has been filed for following reliefs:-
"(A) YOUR LORDSHIP may please to issue writ of habeas corpus directing the respondent no.2,3,4,6 and 5 to produce detenue "Ms. Lopamudra Janardhana Sharma Alias Tatvapriya" (hereinafter referred as 'detenu') aged: 21 years, Education: 12 th Standard & Ms. Nandhitha Janardhana Sharma Alias Nityanandita" (also hereinafter referred as 'detenu') 18 years, Education: 12th Standard before this Hon'ble Court.
(B) YOUR LORDSHIPS be pleased to direct the respondent no.2 herein to handover the custody of Ms. Lopamudra Janardhana Sharma Alias Tatvapriya" (hereinafter referred as 'detenu') detenue aged: 21 years, Education: 12 th Standard & Ms. Nandhitha Janardhana Sharma Alias Nityanandita" (also hereinafter referred as 'detenu') 18 years, Education: 12th Standard to the present petitioner."
(C) YOUR LORDSHIPS be pleased to issue a writ of mandamus and directing the respondent no.5 to initiate the inquiry and appropriate proceedings for Page 2 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined all the other minor kinds who are kept at Affiliated branch of Nithyananda Dhyanpreetham named "Yogini Sarvagyapreetham" Siuated, in the premises of Delhi Public School, at Hirapur, Hathijan, Ahmedabad, counsel all of them and also directing the Respondent no1,2,34 to initiate the Appropriate Proceedings Against the respondent no.6 and 7 if required."
2. For the aforesaid prayers, initially notice was issued under order dated 20.11.2019 and from time to time matters have been adjourned and several orders in detail have been passed. In view of the time that has lapsed after filing of the petition, the Court may for its benefit refer to some of the orders passed by this Court.
3. The respondents have raised a preliminary issue by filing a separate application of the corpora praying interalia as under:-
"a) YOUR LORDSHIPS may be pleased to hold that it has no jurisdiction to entertain the original petition being Special Criminal Application No.9973 of 2019 on the ground that this Hon'ble Court has no territorial jurisdiction and the same ought may be dismissed on this ground alone."
4. In the order dated 12.01.2023, in paras-6 and 7, it is recorded as under:-
6. As such, the corpuses are represented by learned senior advocate Mr. B.B. Naik. Learned senior advocate was at his receiving end when asked by the Court as to whether the corpuses would be brought, if outside country, on virtual mode before the Court to enable the Court to know about their status and to ascertain their wish. He stated that he was not in contact with Page 3 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined corpuses since April 2022, however, shall see to it that the contact is maintained and proper response is given to the Court.
6.1 He however submitted that he has preliminary objection to the maintainability of the present petition. According to him, this Court does not have territorial jurisdiction to deal with the petition.
7. While the Court would consider the said preliminary objection on the next date of hearing, simultaneously, the Court finds it fit in totality of facts and circumstances also to simultaneously require the authorities to file their respective affidavits even if the preliminary issue raised is to be considered a priori. Stand over to 06.02.2023 as requested by the learned advocates."
5. Again in order dated 06.02.2023, the Court has recorded as under:-
"In view of the order dated 12.01.2023 passed by the Court, learned advocate Mr. Kshitij Amin for respondent Union of India seeks to file affidavit in reply. He stated that the same will be filed in the Registry. Accordingly, the reply may be filed, which shall be accepted by the Registry.
Learned senior advocate Mr. B.B. Naik who appears for the corpora volunteered to make submission that though the corpora have no objection as such to appear before the Court through video conferencing arrangement, which may be envisaged in the facts of the case, at the same time it was submitted that the Court may first consider and decide their preliminary objection as regards territorial jurisdiction to try and entertain the present habeas corpus petition.
While the Court may be addressed with such preliminary point, when the learned senior advocates were asked about the situs place of the corpora, it was stated that they are in Jamaica and that they Page 4 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined have been staying at Kingston. Learned advocate however submitted that any further information was not available. He stated that he would try to seek such other relevant information by the next date.
It is to be stated that the information relation to the precise place where the corpora have been staying and the details as to in whose company and custody they happen to be, are the information necessary for the purpose of present proceeding. There is no gainsaying to the such information when furnished would help the Court in the process of consideration of the matter.
As requested by learned advocate Mr. Shah for the petitioner, stand over to 27.02.2023, to which the other learned advocates have no objection."
6. Seemingly, attempt was made to secure the presence of the corpora and as the corpora were reported to be out of India and hence, considering the facility now available of appearance through Hybrid Mode as well as Video Conferring, this Court in its order dated 09.01.2024 has provided for participation of corpora by providing secured link through the Registry of this Court. Pursuant to such order, the Court has interacted by Video Conferencing with the corpora and has recorded as such in order dated 10.01.2024.
7. The facts in very brief are that the petitioner has four children namely Lopamudra (corpus), Nandhita (corpus), Kalplatha and Ambasuthan admitted in the year of 2013 for Gurukulam study at Nityananda Dhyanpeetham, Nithyananda Nagara, Bidadi, Bengaluru, Karnataka when they were at approximate age of 15 years, 13 years, 10 years and 7 years keeping faith in the Hindu Sanskriti and expecting that the Page 5 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined children will have a better and spiritual upliftment alongwith their regular academic in the Dhyanpeetham. After five to six years, the petitioner has realized that after getting admission in the academy of respondent No.6, his children have not got any kind of development in their academic education. Learned advocate submitted that in September or October 2019 when the petitioner came to know that the children of the petitioner were transferred to Ahmedabad at affiliated branch of Nithyanand Dhyanpeetham, namely "Yogini Sarvagyapeetham" situated in the premises of Delhi Public School, at Hirapur, Hathijan, Ahmedabad Rural, the petitioner wanted to meet his children and therefore, petitioner's wife firstly came to Ahmedabad on approximately 05.10.2019 to meet her children and to visit the place where they have been kept for study in affiliation with Delhi Public School, but she was not allowed to visit the place and to meet her children.
7.1 Learned advocate submitted that the parents again decided to visit Ahmedabad where their children were kept for study on 31.10.2019, they came to the place on 01.11.2019 and asked the authorities of the institution to let them meet to their children and again they were not allowed to meet and talk to their children privately and individually and therefore the petitioner gave written application before the local Police Station regarding this issue and the local police station in-charge then visited the premises, where the petitioner was handed over the minor children of petitioner and his wife and told the petitioner that other two major Page 6 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined daughters do not want to meet and talk to them.
7.2 It is submitted that the petitioner came to Ahmedabad alongwith wife and two minor children and lodged FIR vide C.R.No.I-138 of 2019 before Vivekanand Police Station, Hathijan, Ahmedabad Rural on 17.11.2019 regarding the entire issue and also filed written application that petitioner's other major two daughters who are referred as corpora in the present petition, have not been handed over to the petitioner and his wife.
7.3 It is submitted that to serve the purpose of the writ of habeas corpus as per the settled law to present the body of the corpus is must to ascertain the safety and whereabouts of the corpus. For the purpose of jurisdiction, it is submitted that the corpus in the first affidavit of Lopamudra dated 16.12.2019 over the page 42 para (K), (L), (M) and (N) corpus was in Ahmedabad Ashram of Nityananda Dhyanpeetham since its inception in Ahmedabad, also the admission made over the page No.48 in para no (I) of the affidavit that she is ready to remain present before this Court with certain safety and also the admission made by the corpus in second affidavit of Nanditha dated 16.12.2019 over the page 75 para (K), (L), (M) and (N) corpus was in Ahmedabad Ashram of Nityananda Dhyanpeetham since its inception in Ahmedabad, also the admission made over the page No.77 in para no.(19) of the affidavit that she is ready to remain present before this Court with certain safety and conditions, in light of this, their safety and whereabouts must be ascertained in person before the Court to serve the purpose of the writ of habeas corpus.
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8. Whereas the case of the corpora is that the petition of the original petitioner is not maintainable in its present form and has questioned territorial jurisdiction to entertain the said main petition as the corpus No.1 (Lopamudra) herein never detained illegally as alleged within the jurisdiction of this Court as corpus No.1 (Lopamudra) herein is not residing in India since 30.11.2018 and corpus No.2 (Nandhita) herein is residing out of India since 05.11.2019. That, there is no cause of action, as alleged has been wholly or in part arisen within the jurisdiction of this Court as the corpora and the petitioner are not the permanent resident within the territories of this Court. Further, the corpora are the permanent residents of Karnataka and have initially resided in the lawful custody of Ashram situated at Bangalore.
8.1 The petitioner herein has alleged the unlawful detention of corpus Nandhitha since 2019. However, the corpus Nandhitha herein residing outside of India since 05.11.2019. It is submitted that the corpus Lopamudra has never resided in Gujarat and that she was residing in Bidai, Kartanakta and she left India on 30.11.2018 from Chattrapati Shivaji International Airport, Mumbai.
9. Both the sides have cited various judgments. The issue on which such judgments are cited are predominantly for the purpose of making out a case of territorial jurisdiction and maintainability of the writ of habeas corpus. Learned advocate for the petitioner has relied upon the decision in case of Oil and Natural Gas Commission v/s. Utpalkumar Basu and others, reported in, 1994 (2) GLH 379 to substantiate his Page 8 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined argument that the question of territorial jurisdiction is to be decided on the facts of the case and the Court within whose jurisdiction the cause of action has arisen partly or wholly the jurisdiction would lie to such Court. Reliance is also placed on the decision in case of P.N.Films Ltd. v/s. Union of India, reported in 1954 Bombay Law Reporter 753 in support of his argument that the writ under Article 226 issued by the High Court would lie on the authority which is located within the territorial jurisdiction of the Court.
10.While, learned advocate appearing for the respondents have relied upon the decision in case of N.Masthan Sahib v/ s. Chief Commissioner, Pondicherry and another, reported in, AIR 1962 SC 797 in support of his argument that as the respondents had already left the shores of Indian territory even when the petition came to be filed, a writ jurisdiction of this Court will not extend beyond the territory of India and thereby questioning the maintainability of the petition issuing the writ.
11.From the inception of the proceedings, it appears to be the case of the petitioner on one side on the basis of his concern to know about the well being of the corpora and on the other side the apprehension of the corpora of being ill-treated by the petitioner considering their past experience with the family. The Court is therefore, much concerned from the inception about the well being of the corpora which has to be considered.
12. This Court by an order dated 20.11.2019, had issued notice making it returnable on 26.11.2019 and on that day, Page 9 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined this Court has recorded the appearance of advocates for respondent No.7. At the same time, has also recorded the affidavit in reply filed with the Registry via E-mail and attachment to such E-mail regarding the materials placed on record which the Court observed was the material indicating that the corpora were not under unlawful confinement. The Court has also recorded that just to ascertain the same before the Court in person, the matter was put up on 10.12.2019.
12.1 The stand of the corpora has first came on record by way of an affidavit received by the Registry addressed to the Registrar Judicial of this Court on the official Email ID. Though it is termed as an affidavit, it appears to be a informal form of communication nonetheless it has been addressed from the Email of the corpus herself. In this document, it is stated as under:-
"3. I would like to inform this Hon'ble court that on the 1st of November-adding to multiple threating calls -my father called me again and threatened me to file any false statement accusing swamiji of rape under the POCSO act and he assured that he has enough of political clout to arrest Swamiji based on my false complaint. I was completely shocked and extremely afraid at the conspiracy that my father revealed to me. Following the phone call of my father , our Campus in Gujarat was filled with 8-10 policemen from the Vivekananda nagar jurisdiction who wanted to meet me. On that day the police forced me for over 8-10 hours telling that | had to come to the police station and they started threatening the other women. I was fear gripped and immediately called my sister Ma Tattvapriya and informed her of whatever happened, after which she also spoke to Mr. Rana . After hours of threat they finally agreed to take the statement from where | am (which was completely legal). I wrote a signed statement and at around 3am of 2 nov and handed over to the police. I humbly request the court to ask the police to submit a copy of the Statement that I wrote and signed, a copy of which | do not have. The pictures of me Page 10 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined signing the statement is attached.
4. I would like to inform this Hon'ble Court that | am safe, happy, free and in no need of any protection from anybody. | have said this many times to my parents. | have also informed my parents, as well as to the police via video conferencing as they have tried to reach me to confirm my presence and my safety and freedom.| abided to all the requirements police had asked for and gave written statements and video recordings and had multiple video conferencing calls with them confirming my safety and that I'm on my personal travel out of my free will. Attached is a summary of conversations with the Gujarat police. 5.Enclosed are links to my various videos on social media.
6.I am writing this affidavit out of my free will without any pressure or force of anyone. I pray and hope the court will take it into consideration.
7. At no point was I was kidnapped or kept away from my parents by Swamiji nor by anyone in the gurukul or aadheenam administration nor anyone else.
8. I have left India to escape my father's brutal oppression, psychological pressure terror,criminal intimidation, blackmail to file a false case under POCSO against my Guru, Sri Nithyananda Swamiji. He has on multiple occasions, tried to convince me to do this to frame my Guru Sri Nithyananda Swami or Swamiji. As the Court may and can see how the national media is conducting a media trial on swami Nithyananda who is nowhere involved in this, by this, the court will understand the political influence that Janadhan has because all that happened so far, I don't trust Gujarat police."
12.1 Similar communication is also addressed via Email by corpus Lopamudra. To avoid repetition, the same is not reproduced in detailed here.
12.2 On that day, two senior advocates appeared on behalf of the corpora and pointed out to the Court that the affidavits of the corpora would be placed on record. It would be pertinent to reproduce paras-4 and 5 of the aforesaid order as under:-
Page 11 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined "4 We are posting this matter on 20.12.2019 and we are also ordering the Registry and requesting the Registrar General to place the Action Taken Report, in two copies, submitted by learned APP, to be preserved in a sealed cover in safe custody and to produce before the Court in same sealed cover, as and when the same is requested for.
5. It goes without saying that the State Authorities, including the Police, must do their best to see that the Corpus be given complete safety for producing themselves before the Court.
It goes without saying that the Corpus, if are brought before the Court even prior to the next date i.e. 20.12.2019, it would be open for the Counsels to mention to the Court.
13. The aforesaid would indicate the apprehension of the corpora as and when they would be brought before the Court.
13.1 Then, on 27.12.2019, the affidavits of the corpora individually placed on record. However, was objected by the petitioner on some technical ground and therefore, it is recorded in order dated 16.01.2020 that the affidavit of the corpora duly signed before the High Commission of India, Kingston were placed on record.
14. By an order dated 02.03.2020, the formal notice came to be issued upon the corpora who were added as party respondent Nos.8 and 9.
15. It would be in the aforesaid set of chronology that the version of the corpora came on record of the Court. The record thus indicate affidavits of both corpora dated 08.01.2019, which was sworn in the office of High Commission of India at Kingston in front of the Attache, High Page 12 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined Commission of India, Kingston. In the said affidavit, the corpus has referred to certain issues of the petitioner arising out of financial dealings, details of which may not be relevant however, with regard to the well being of the corpora, it would be appropriate to reproduce the relevant paras of the affidavit as under:-
"Y) I would like to inform this Hon'ble Court that I am safe, happy, and free and in no need of any protection from anybody. I have said this many times to my parents. I have also informed police via video conferencing as they have tried to reach me to confirm my presence and my safety and freedom. I abided to all the requirements police had asked for and gave video statements and had multiple video conferencing calls with them confirming my safety and that I'm on my personal travel out of my free will.
z) All Gurukul classes, programs are only conducted by Gurukul teachers, volunteers and parents.
aa) Other than Parents no adult, not even Swamiji can meet any minor child alone, without parents/ mentor's supervision and that meeting will be only in front of CCTV cameras.
bb) Gurukul Area is completely secured with CCTV cameras and closures to prevent any adult crossing in to Gurukul area even by mistake.
cc) The core teaching of Gurukul is to teach a child to live without fear or greed. Loud voices, shouting, yelling, screaming, shouting profanities, physical intimidation, physically beating a child, is banned in Gurukul. This is a strict rule is implemented without any deviation. Any adult, a teacher or volunteer who even raises his/ her voice will be requested to leave the Gurukul premises immediately.
dd) Since I was part of the Gurukul committee, which administered Gurukul, I am well aware of Gurukul policies.Page 13 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024
NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined ee) I am afraid to come back to the country as I fear my father and his Political contacts will do everything in their Contacts intimidate me, threaten me, kidnap me, imprison me against my will, get arrested to ultimately force me to use me as a weapon to file a false rape charge under POSCO on my Guru Sri Nithyananda Swamiji.
In light of the fact that i) I have been the subject of intimidation, harassment and death threats in the media, social media and associates of my father; and ii) my father has considerable political influence and has threatened to use such power against me, I humbly request this Hon'ble Court to grant the following safety precautions to ensure my safety and privacy:
a. I request that I receive Court ordered protection for me and my sister from the time we arrive in the country until we leave the country.
b. I should not be forced to meet anyone, including Mr. Janardhana, Ms.Bhuvaneswari or anyone else related to or chosen by them.
c. I should not be forced to stay in any particular place and should be allowed to stay in the place of my choice.
d. I should not be arrested illegally or held captive or under force to give any statement under duress in any way, e. I want my Gurubehens-Ma Nithya Pranapriyananda and Ma Nithya Priyathattvananda, who are illegally arrested and man-handled by the state police in the false case instigated by my father, to be released immediately. This is a family issue and I am so pained that my Gurubehens who have zero involvement in the matter have been dragged into this and imprisoned. I don't want anything bad to happen to them because of our family matter.
f. I want my father to give a written affidavit to this Hon'ble court that he will not force me or my sister Nandhitha janardhan to file a false rape charge against our guru Sri Nithyananda swami under the POCSO act at any cost, directly or indirectly using any of his thugs Page 14 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined or political influence.
I state and submit to this Hon'ble court that I apprehend threat to my life and liberty if I return to India because of which I WISH TO COMPLETELY MAINTAIN THE PRIVACY OF MY TRAVEL LOCATIONS AND WHEREABOUTS.
I would also like to inform to this Hon'ble Court that all though we have been asked by nithyananda sangha administration to go and settle the family issues. We are very clear we will re-apply and join back the nithyananda sangha and our future is with and in Nithyanda sangha.
I state and submit that I apprehend threat to my life and liberty if I return to India."
16. The said affidavit is also accompanied by an additional affidavit of the same date specifically answering to the averments made in the petition and dispelling the apprehension of the petitioner that the corpora have been mistreated or in any way under distress or duress. Similar affidavit and additional affidavit is on record by the corpus Nandhitha and the contents of her affidavit are quite identical to that of her sister.
17.Subsequent affidavit in reply of the corpora dated 16.12.2019 was placed on record which was sworn in front of the Assistant Registrar and Notary Public at Barbados accompanied with the copy of the passport and travel documents of the corpora (page 34 and 64). It would be appropriate to reproduce the contents of the affidavits of both corpora which are quite identical and to avoid duplicity, the contents of the affidavit of corpus Lopamudra is quoted hereinbelow. Relevant portion is quoted hereinbelow.Page 15 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024
NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined "v) In the FIR my father claims that he and my mother, Mrs. Bhuveshwari, weren't allowed to meet any of us, but whereas on 2nd October 2019 both of my siblings had met and spent time with them.
w) I would also like to inform this Hon'ble Court that on 5th and 6th of October my siblings. Nanditha, Kalpalatha and Ambasuthan get and spent around 6-7 hours' time with Mrs. gnuvaneshwari and her relative (also a lawyer) MrAravind Rajagopal . During her visit with them she was served food by Ma Vimala. And Multiple people like Ma Atmatattva, Sri ishwarapriya, and Ma Shambhavya were eye witness for the meet with my mother. On that day, suddenly, she started behaving violently, screaming and threatening that she would commit suicide if they didn't budge to her and come out of the organization. Both of my younger siblings froze out of fear and were emotionally tortured with her blackmail. Responding to her threats the administration requested Bhuvaneswari to come along with her husband Mr. Janardhana.
x) I would like to inform this Hon'ble court that on the lst of Novemberadding to multiple threating calls -my father called my sister again and was forcing, threatening her to file any false statement accusing Swamiji of rape under the POCSO act and he assured that he has enough of political clout to get Swamiji arrested based on her false complaint. She was Completely shocked and extremely afraid at the conspiracy that my father revealed to her, Following the phone call of my father, our Campus in Gujarat was filled with 8-10 policemen from the Vivekanand nagar jurisdiction who wanted to meet her.
On that day Inspector Rana, along with other police personnel forced her for over 8-10 hours insisting that she had to come to the police station and they started threatening the other Sadhvis in Yogini Sarvgjanapeeta. She was fear gripped and immediately called me and informed me of whatever happened, after which I also spoke to Mr. Rana. Following this I immediately went On a video call with Mr Rana in the presence of over 40
- 45 policemen, requesting them not to harass my siblings, but which went in vain. After hours of threat they finally settled to take a written statement from my Page 16 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined sister from where she was, Yogini Sarvajnapeeta, which was as per law). She wrote a Signed statement and at around 3am of 2 November 2019 and handed over to the police.I humbly request the court to ask the police to submit a copy of the Statement that she wrote and signed, a copy of which she does not have Attached is picture of the same at Annexure A6."
Y) I would like to inform this Hon'ble Court that I am safe, happy, and free and in no need of any protection from anybody. I have said this many times to my parents. I have also informed police via video conferencing as they have tried to reach me to confirm my presence and my Safety and freedom. I abided to all the requirements police had asked for and gave video statements and had multiple video conferencing calls with them confirming my safety and that I'm on my personal travel) out of my free will.
z) All Gurukul classes, programs are only conducted by Gurukul teachers, volunteers and parents.
aa) Other than Parents no adult, not even Swamiji can meet any minor child alone, without parents/ mentor's supervision and that meeting will be only in front of CCTV cameras.
bb) Gurukul Area is completely secured with CCTV cameras and closures to prevent any adult crossing in to Gurukul area even by mistake.
cc) The core teaching of Gurukul is to teach a child to live without fear or greed. Loud voices, shouting, yelling, screaming, shouting profanities, physical intimidation, physically beating a child, is banned in Gurukul. This is a strict rule is implemented without any deviation. Any adult, a teacher or volunteer who even raises his/ her voice will be requested to leave the Gurukul premises immediately.
dd) Since I was part of the Gurukul committee, which administered Gurukul, I am well aware of Gurukul policies. I am afraid to come back to the country as I fear my father and his Political contacts will do everything in their Contacts intimidate me, threaten me, kidnap me, imprison me against my will, get Page 17 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined arrested to ultimately force me to use me as a weapon to file a false rape charge under POSCO on my Guru Sri Nithyananda Swamiji.
In light of the fact that i) I have been the subject of intimidation, harassment and death threats in the media, social media and associates of my father; and ii) my father has considerable political influence and has threatened to use such power against me, I humbly request this Hon'ble Court to grant the following safety precautions to ensure my safety and privacy:
a.I request that I receive Court ordered protection for me and my sister from the time we arrive in the country until we leave the country.
b. I should not be forced to meet anyone, including Mr. Janardhana, Ms.Bhuvaneswari or anyone else related to or chosen by them.
c. I should not be forced to stay in any particular place and should be allowed to stay in the place of my choice.
d. I should not be arrested illegally or held captive or under force to give any statement under duress in any way, e. I want my Gurubehens-Ma Nithya Pranapriyananda and Ma Nithya Priyathattvananda, who are illegally arrested and man-handled by the state police in the false case instigated by my father, to be released immediately. This is a family issue and I am so pained that my Gurubehens who have zero involvement in the matter have been dragged into this and imprisoned. I don't want anything bad to happen to them because of our family matter.
f. I want my father to give a written affidavit to this Hon'ble court that he will not force me or my sister Nandhitha janardhan to file a false rape charge against our guru Sri Nithyananda swami under the POCSO act at any cost, directly or indirectly using any of his thugs or political influence.
I state and submit to this Hon'ble court that I apprehend threat to my life and liberty if I return to Page 18 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined India because of which I WISH TO COMPLETELY MAINTAIN THE PRIVACY OF MY TRAVEL LOCATIONS AND WHEREABOUTS.
I would also like to inform to this Hon'ble Court that all though we have been asked by nithyananda sangha administration to go and settle the family issues. We are very clear we will re-apply and join back the nithyananda sangha and our future is with and in Nithyanda sangha.
I state and submit that I apprehend threat to my life and liberty if I return to India."
18. As the matter proceeded before this Court, yet another affidavit has come on record dated 16.02.2022, sworn in front of Public Notary at Jamaica. The Court may reproduce the relevant paragraphs as under:-.
"3. I humbly state and submit that I am a major aged about 23 years and on my own will and on my own consciousness with complete and stable mind and without any influence of any person, authority or institution not wanting to stay with the petitioner, I declare the same by way of the present affidavit.
4 I humbly state and submit that as I am residing out of the territory of India on my free will, the present writ petition may kindly not be entertained beyond the territorial jurisdiction of India, and therefore, I state and submit that there is a lack of territorial jurisdiction as far as the present writ of habeas corpus is concerned."
5 I also state that this case cannot be applicable on me as "This case is completely fabricated false baseless frivolous allegations, with one of the main complaint raised in the case being myself "illegally detained whereas I have never ever even stepped in yogini sarvajnapeetam, Gujarat" into this place nor have ever entered the state of Gujarat.
This crime is alleged to be committed in the year 2019 whereas I had left India out of my own free will in Page 19 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined November 2018 (Annexure L).
I am 23 years old (Major) and have fundamental rights to decide for myself.
I humbly request the honourable court to quash this malicious, false, baseless and frivolous allegations put forth by the petitioner with a deliberate criminal plot to hide his crimes that my sister and I are both witnesses and victims of including but not limited to physical abuse, domestic violence, sexual abuse, mental trauma, death threats, money laundering. The petitioner, along with his political clout, have plotted against my Guru, Sri Nithyananda Swamiji in order to extort money and blackmail Him using me and my sister as pawns, and threatening us by force to file a false rape charge under the POCSO act against my Guru, the SPH.
7.I respectfully state that neither me nor my sister, Nandhitha are in any kind of confinement, any influence of any person, authority or institution. On the contrary we are on our own free will and on our own consciousness with a complete and stable mind,and have been living our lives. We are in fact regularly coming live on public platforms and conducting spiritual programs for helping others."
18.1 Identical affidavit is also on record by second corpus Nandhitha.
19. From the record, therefore, it is evident that the corpora were not in India however, the State authorities made efforts to contact corpora and in November, 2019, the police did interact with the corpus which was placed on record by way of report. Alongwith the report, the transcription of conversation was also placed. It would be fruitful to reproduce the relevant exerts of such conversation with PSI Shri R.B.Rana and Dy.SP. Sharda, which read as under:-
Page 20 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined Date:- 18/11/2019 CONVERSATION WITH LOPAMUDRA JANARDAN SHARMA ALIAS MA LOPAMUDRA JANARDAN SH LOPAMUDRA JANARDAN SHARMA ALIAS MAARMA ALIAS MA NITH LOPAMUDRA JANARDAN SHARMA ALIAS MAYA TATTVAPRIYA ANANDA TIME 11:53 PSI R.B.RANA.RANA :- દેખીએ આપકે લીએ દો તીન question હૈે . દેખીએ આપકે લીએ દો તીન question હૈ . પહે લા question યે હૈ , પહે લા question યે હૈ કિક આપ કે બારે મે આપકે father બોલ રહે હૈ , કિક આપ કે બારે મે આપકે father બોલ રહે હે કે વો ભી મીસીંગ હૈ , તો ક્યા આપ મીસીંગ હૈ અભી ?
TATTVAPRIYA :- No I am not missing anywhere, મૈ અભી હી ફે સબુક મેં એક લાઈવ કિવડીઓ કીયે હૈ . I just did a live vidieo on facebook vidieo on the facebook I told clearly vidieo on the facebook vidieo on the facebook I told clearly I told clearly where I am. I am in TRINIDAD AND TOB.RANAAGO. I told this clearly very very very clearly all in the video PSI R.B.RANA :- આપ કિકતને સમય સે વહા પર હૈ ? TATTVAPRIYA :- I have been traveling for the world tour for TRINIDAD AND TOB.RANAAGO and I came to MAURITIOUS, I have been traveling to various different countries for ****** world lik vidieo on the facebook I told clearlye almost throughout year. I have been traveling to different countries for world tour.
PSI R.B.RANA :- આપ કે આપને ..... આપ કે અપને..... TATTVAPRIYA :- My photos and my program pictures everything is also on facebook vidieo on the facebook I told clearly, instagram and just check vidieo on the facebook I told clearly my social media and you will see if.. almost every day I post my pictures so if I am missing I can not post pictures.
PSI R.B.RANA :- Ok vidieo on the facebook I told clearly TATTVAPRIYA :- I have been very actively posting pictures, I have been very active on social media, I have been hear for almost one year, I have been traveling to different different countries all the purpose of the world tour.
PSI R.B.RANA :- આપ આપને father સે કબ મીલીથી ?
TATTVAPRIYA :- Sorry ! PSI R.B.RANA :- અપને father કે સાથ.. જનાદ5ન શમા5 સે કબ મીલીથી ? લાસ્ટ TATTVAPRIYA :- I think vidieo on the facebook I told clearly before one week vidieo on the facebook I told clearly I spok vidieo on the facebook I told clearlye to him on a call
after one week vidieo on the facebook I told clearly he stop responding to my messages even day before yesterday also I have Page 21 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined send him messages ****** I have been connecting him, my sister have been video call with him. I have been on video call with him lik vidieo on the facebook I told clearlye... you can check vidieo on the facebook I told clearly the messages if you want. PSI R.B.RANA :- Ok vidieo on the facebook I told clearly TATTVAPRIYA :- .... LIKE SOME TIMES WH LOPAMUDRA JANARDAN SHARMA ALIAS MAEN EVER I lik vidieo on the facebook I told clearlye when ever there was lik vidieo on the facebook I told clearlye lik vidieo on the facebook I told clearlye some problems that he had on me you k vidieo on the facebook I told clearlynow ****** that's when I told I will not talk vidieo on the facebook I told clearly to him this happens and after that I have continuously touch with him but lik vidieo on the facebook I told clearlye lik vidieo on the facebook I told clearlye you can ****** chat even some 3-4 days before also I have messaged him but he doesn't respond me back vidieo on the facebook I told clearly properly. PSI R.B.RANA :- Ok vidieo on the facebook I told clearly. આપાકો આશ્રમ કી ઓર સે કોઈ પ્રોબલેમ હૈ ? આપકો આશ્રમ સે કૈ સા રીસપોન્સ હૈ ? કિનત્યાનંદ આશ્રમ કી ઓર સે. આપ જીસ ઓગAનાઈઝેશન કે સાથ જુ ડી હૈ , આપકા ક્યા માનના હૈ ઉસકે લીએ, ક્યા આપ ઉસકે સાથ ખુશ હૈ ? કિક ક્યા હૈ ? TATTVAPRIYA :- See. I am very very very happy about the way how this organization is but because they are using this organization as a.. a.. a.. lik vidieo on the facebook I told clearlye this situation and way to attack vidieo on the facebook I told clearly the organization I have distancing my self away from the organization otherwise the organization and my self I have no problem today.
PSI R.B.RANA :- OK. આપાકો... આપકો કિકસીને ટોર્ચ5ર કિકયા હૈ ? કિકસીને આપ કે સાથ બદસલુખી કી હો એસા કુ છ હૈ ? આશ્રમ કી ઓર સે TATTVAPRIYA :- What ! No. no nobody in the organization tortured me I am happy.
Anonymous :- ઔર કુ છ કહે ના હો તો..
PSI R.B.RANA :- અબ આપકી ઓર સે કુ છ કહે ના હૈ ? ઓર દેખીએ, દેખીએ આપકો
ઈસકે અલાવા કુ છ કહે ના હૈ ?
TATTVAPRIYA :- હા, એક તો કહે ના હૈ કે see first thing really I am telling
both me and my sister are safe sound and happy and secondly this is a personal family matter I don't want organization to be involve in this we are scared to come to India because if lik vidieo on the facebook I told clearlye to come anywhere in India because JANARDAN SH LOPAMUDRA JANARDAN SHARMA ALIAS MAARMA has a lot of political influence we do not want him to interfere we do not want him *** this one life out of our choice our will *** Page 22 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined
20. Over and above, the affidavits filed by the corpora individually which has unequivocally declared that they are not in any distress. Over and above, both are represented by the senior advocates who have confirmed after having taking instructions. Therefore, there is no reason to disbelieve the facts which have come on record. Still, to satisfy this Court and also in furtherance of the orders passed earlier, the Court has accepted the request of the learned senior advocates appearing for the corpora to organize a hearing via Video Conferencing where the corpora located outside India would appear before the Court virtually.
21. Our Court while in compliance with the directions contained in orders passed by Apex Court in case of Survesh Mathur v/s. The Registrar General, High Court of Punjab and Haryana in Writ Petition (Criminal) No.351 of 2023 contained in para-14, order dated 06.10.2023 that no High Court shall deny access to Video Conferencing facilities or hearing through the hybrid mode to any member of the Bar or litigant desirous of availing such facilities, have adopted S.O.P. for hybrid hearing under its Circular No.ITC/98/2023 dated 13.06.2023 followed by Circular No.ITC/194/2023 dated 27.09.2023.
22. As recorded in the preceding paras and as observed in the earlier orders, the concern with regard to the well being of the corpora were to be ascertained and accordingly, the Court declared in its order dated 09.01.2024 that the corpora would be available via safe link for video conferencing. The video conferencing was thus organized on 10.01.2024, where the Page 23 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined corpora appeared online and attended in the Chamber by the learned advocate for the respective parties, Mr. Pritesh Shah, learned advocate for the petitioner, and Mr. Hardik Mehta, learned APP for respondent No.1, Mr.Y.S.Lakhani, learned senior advocate for learned advocate Mr. Rahul Dholakia, for respondent No.7, Mr.B.B.Naik, learned senior advocate with Mr. Shalin Mehta, learned senior advocate for Mr. Manasvi Thapar, learned advocate for respondent Nos.8 and 9 and Mr.Kshtiji Amin, learned standing counsel for respondent No.10 The interaction with the corpora would indicate that they were not in any way illegal confinement. Not only that, but they had also indicated that they are out of their free will residing at Jamaica and have decided to continue to reside there and follow the spiritual path which they have consciously intend to follow. They have also indicated about the spiritual sessions which they undertake which are followed by many people across the world. The Court finding the same to be reliable is unable to conclude that the corpora are in any manner in duress or influence though learned advocate for the petitioner has sought to raise objection about the place from where the corpora have appeared online before this Court. However, having interviewed with both corpora, the Court satisfied that the both are adults, mature enough to understand their well being and apparently are happy at the place where they are presently proceeding and on their spiritual path.
23.In view of the aforesaid, the Court deems it fit to discharge the notice and dismiss the petition accordingly. The virtual Page 24 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024 NEUTRAL CITATION R/SCR.A/9973/2019 JUDGMENT DATED: 02/02/2024 undefined interaction with the corpora has been recorded and Registry is directed to preserve such recording as part of the record of this case.
24. With the aforesaid, the petition stands dismissed. Rule is discharged.
25.In view of the order passed in the main matter, no separate orders are required to be passed in the connected applications. Hence, accordingly stand disposed of.
(A.Y. KOGJE, J) (RAJENDRA M. SAREEN,J) SIDDHARTH Page 25 of 25 Downloaded on : Fri Feb 16 21:01:44 IST 2024