A Lawsuit Filed Against Nakkheeran🔗

Ma Nithya Gopikananda Swami filed a case on Nakkheeran for publishing fake defamatory articles.

IN THE COURT OF THE COURT OF THE CIVIL JUDGE (Jr. Dvn) & JMFC AT KOLAR

P.C.R. No. /2011

BETWEEN

AND

OR (alternate address) Lenin Karuppan alias Dharmananda BG-3, Gokul Apartment, New No. 250, R.K.Mutt Road,

R.A.Puram, Chennai - 600 028 Accused

COMPLAINT UNDER SECTION 200 OF THE CODE OF CRIMINAL PROCEDURE FOR THE OFFENCE PUNISHABLE UNDER SECTION 500 OF THE INDIAN PENAL CODE

The complainant above named most respectfully begs to submit as follows:

1. The address of the complainant for the purpose of court notices, summons etc is as shown in the cause title and that of her counsel Sri. I Tharanath Poojary, Rohit Urs D, Kethan Bangera, Meghachandra D N, Advocates, #113, Inspiration Building, 2nd Main, Sheshadripuram, Bangalore-20.

2. The address of the accused for the aforesaid purpose is as shown in the cause title.

FACTS OF THE CASE

3. It is submitted that the complainant is a resident and ashramite of the Nithyananda Dhyanapeetam. She is a graduate in Engineering in Computer Science and in MBA (Human Resource). She has been residing in the ashram as a disciple and brahmacharini for several years now. She hails from an austere family in Salem, Tamil Nadu and her family has deep roots in the society. Her father is working with the BSNL. The complainant has a strong commitment to the care of society, is involved in social service activities of the ashram conducting meditation classes and also she is working in the WEB department of the Ashram.

4. It is submitted that during Aprirl, 2010 the CID Police of Ramnagaram District arrested Sri Nithyananda Swami for the certain sexual offences allegedly committed by him. In this background, the press as well as the media have depicted all the female disciples of the Ashram as prostitutes. The accused, a Tamil Bi Weekly magazine by name and style 'Nakkeeran' in its issue dated 23-26, March, 2010, Volume 22 Issue No.98 published defamatory article about the complainant which is per-se defamatory, outrageous and scandalous. The cover title of the magazine read as "Merriment in Holy Kumbh Mela-The secret behind Nithyananda mesmerizing young women". And in particular at page 8 of the same edition there is a indirect hint about the complainant being portrayed as a 'PREY' to the alleged sexual drama in the ashram. The said magazine is produced at DOCUMENT-1. This article was published as if Lenin (Dharmananda) a former disciple who was the main culprit in creating the morphed video on Paramahamsa Nithyananda has testamented. The accused is operating in the address furnished in the cause title. In the said article, the complainant has been imputed as if she is has fallen prey to Swami's alleged sexual assault.

5. It is submitted that the accused in another issue dated 2nd April, 2010 volume 22, issue no.100 has published further defamatory article about the complainant. The cover title of the magazine is read as “Come, dear come- In saamiar’s room, educated girl’s shocking statement-Kamraj”. It is further submitted that, the accused has published the said article in a manner as if the complainant herself has narrated the whole issue. At this point it is pertinent to note here that, there is no direct mention of the name of the complainant in the whole article, however certain defamatory statements resembles to those of the complainant as if allegedly committed by her. It is a clear description of the complainant at page 36 of the same article. Further at page 37, there is a clear indication to the complainant with regard to her being asked by an ashramite to serve the Swamiji, who allegedly outraged her modesty by moving his hands on her private parts and had ‘quickies sex’ with her. It is contended in the article that, the complainant’s room during the tours is always next to Swamiji’s indicating the alleged passion between the complainant and the Swamiji. These vituperative statements have severely tarnished the public image of the complainant. The publication is produced as DOCUMENT-2 and the same may kindly be read as part of this complaint to avoid repetitions.

6. It is submitted that the said magazine is published in the state of Tamil Nadu and has a wide circulation throughout the country as well as many other countries and also published online at www.nakkheeran.in.

7. It is submitted that the afore cited publication is grossly indecent, prima facie scandalous publication and scandalous charade by the accused has ruined the life and prospects of the complainant and lowered her image in the establishment, in the public estimation. And now, the complainant’s relatives, more importantly the devotees and the public have started looking down at her with utter contempt. The complainant is a woman of high caliber, character and highly educated. The complainant reckons her self-respect and women hood in high esteem. She is a gullible novice and not used to trough and crusts of life. Now, she has suffered a sense of shock and indignity and reduced to a situation of emotional abandonment and suffering negative emotions of fear, loss of self-worth, mental agony, contempt, disgust and shame. The complainant is profoundly hurt by the accuser’s scurrilous and insinuating remarks which are intended to blackmail her.

8. It is submitted that the accused being an editor, publisher and owner of the magazine was totally irresponsible and has taken no care to ascertain the truth of the matter. Such publications with the salacious details reflecting on the private character of a woman and such reckless publications casting aspersions and damaging the reputation of the complainant was in gross violation and misuse of the freedom of press and blatant violation of right of privacy and dignity guaranteed under Article 21 of the Constitution of India. News papers being the purveyors of news and views having mass appeal are not expected to operate in such slip shod manner and bound to operate the social control permitted by clauses 2- 6 of Article 19 of the constitution of India.

9. It is submitted that the publication is a sad reflection on a person's reputation tending to lower her in the estimation of right thinking members of the society and tends to make them shun or avoid such person, clearly attracts the ingredients of Sec.499 IPC and the accused has committed an offence under section 500 and various other section of IPC and he is liable to be punished for the said offences.

WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased to take cognizance of the offence committed by the accused attracting provisions of Section 500 IPC and proceed against him as per law in the interest of justice.

Bangalore Advocate for Complainant Complainant

Date

Video: Media Attacking and Publishing Abusive Article on Nithyananda Swamiji's Disciples - 2010 Persecution

[https://www.facebook.com/justificationpropaganda/videos/246231612855949/]