ORDER🔗

In the matter of a Complaint filed by Ms. Ranjitha Menon against the telecast of programme 'Nandanthadu Enna Kutramum Pinnaniyum' on STAR Vijay Channel on 21 March 2012

Ms. Ranjitha Menon filed a Writ Petition (No. 8619 of 2011) before the Hon'ble High Court of Karnataka against several Respondents, reporting the broadcast of certain clippings on the Programme titled 'Nandanthadu Enna Kutramum Pinnaniyum' on 21 March 2012 by STAR Vijay TV, depicting her in a compromising position with Swami Nithyanand. The Hon'ble High Court directed that the News Broadcasters Standards Authority (NBSA) should consider Ms. Menon's representation in accordance with law. Although STAR Vijay channel was not associated with NBSA, the aforesaid complaint dated 06.04.2012 was mistakenly referred to NBA/NBSA for appropriate action.

In response, NBSA informed the Ministry of Information & Broadcasting vide letter dated 19.06.2012 that STAR Vijay is a general entertainment channel and hence, not their member. Therefore, the complaint against the channel should be sent to the Broadcasting Content Complaints Council (BCCC).

Accordingly, the Ministry of Information & Broadcasting sent the Complaint dated 06.04.2012 from Ms. Menon against STAR Vijay channel along with a CD of the said telecast to this Council for taking necessary action.

The Complainant appeared in person before the Council and made submissions on her complaint. In defence, the representatives of the channel also appeared before the Council.

At the outset, the Complainant states that the clippings are morphed and are not authentic, The Programme is in fact based on hearsay and unverified statement. Most of these clippings make references to Ms. Ranjitha Menon by name, her public photos and videos. Even without confirming the Complainant's alleged role in the video, the Programme not only used her name liberally but also continued to reinforce it in viewers by using her public film photos/videos repeatedly which were totally unconnected with such clips and repeatedly referred to her in relation with this offensive video. This conduct of the channel totally disregards the Complainant's reputation, honour and basic rights of existence.

In reply, the Channel has in fact acknowledged that the clippings in question were morphed. However, strangely the channel states that through this episode, they only wanted to create awareness amongst the viewers that they should not fall prey to non-BROADCASTING CONTENT COMPLAINTS COUNCIL Indian Broadcasting Foundation, B-304, Ansal Plaza, Khelgaon Marg, New Delhi 110 049 Email: [email protected] Website: www.ibfindia.com Tel: 91 11 4379 4400 Fax: 91 11 4379 4455 BROADCASTING CONTENT COMPLAINTS COUNCIL

validated reports and videos and wait till the Court examines and determines on the validity of such reports and videos before forming any opinion. It was further stated by the channel that they took all reasonable steps to ensure that the episode was not biased or led viewers to think in a manner prejudicial to the complainant.

The Council has heard the rival submissions of both Parties. The Council is of the considered opinion that the explanation offered by the channel is completely untenable and unsatisfactory. Firstly, it is clear that the channel did not exercise any caution whatsoever in telecasting the said episode without confirming the authenticity of the clippings. Further, even the contention of the channel that the said Programme was telecast for creating awareness amongst public is to be believed, then where was the need of constantly making references to the complainant and also repeatedly showing her completely unconnected videos from public life?

Therefore, the channel has clearly undermined the basic rights of the Complainant. In the Council's opinion, the channel is guilty of violating the Complainant's privacy and dignity and is consequently liable to apologize to the Complainant, Ms. Ranjitha Menon.

In view of the above, the channel must run the following Apology Scroll in Tamil and English, one after the other, in large and legible bold fonts at normal speed, every TWO (02) Hours, over a period of SEVEN (07) Days from 12 Noon on Monday 09.09.2013 to 10 AM on Monday 16.09.2013:

"In compliance with BCCC's Order passed on 02 September 2013, STAR Vijay apologizes to Ms. Ranjitha Menon for the telecast of its Programme 'Nandanthadu Enna Kutramum Pinnaniyum' on 21 March 2012. This Programme was found to be in violation of the Self-Regulatory Guidelines of Indian Broadcasting Foundation (IBF)."

(Tamil translation attached)

For & on behalf of Broadcasting Content Complaints Council

Based on the complaint of Ms. Ranjitha Menon, the BCCC passed an order on 2 September 2013 for Star Vijay to apologize to Ms. Menon for the telecast of its programme 'Nandanthadu Enna Kutramum Pinnaniyum' on 21 March 2012. Even though Star Vijay complied, their flimsy apology did nothing to alleviate the permanent psychological torment, emotional pain, physical stress and damage done to Ms. Menon. Also, her social life and once successful career completely collapsed beyond repair.

Deccan Chronicle - 3 September 2013 - Apologize to Ranjitha

By Courier

20th September 2013

Your Client:- Paramahamsa Nithyananda Swami

Dear Ms. Shivanna,

Re: Your Notice dated 08th September 2013 marked to the attention of the Chief News Editor, Aaj Tak.

TV Today Network Limited (TVTN) is in receipt of your aforementioned Notice and is issuing this communiqué without prejudice to our rights and remedies.

On account of an inadvertent mistake the news item complained of in your Notice went on air. However, upon receipt of your Notice TVTN has taken stock of the matter and it was an Editorial decision to air an apology and the same has been aired on Aaj Tak on 18th and 19th September 2013 at 2300 hrs and 1230 hrs, respectively.

In view of the facts mentioned hereinabove we hope that the same is to the satisfaction of your Client and that this matter may be considered closed pursuant to this clarification. You are therefore called upon to recall and withdraw the said Notice.

Yours sincerely, For TV Today Network Limited

Puneet Jain Head (Legal & Compliances & CS) & Vice President - Internal Audit

Aaj Tak (television) 20 September 2010 - Apology

(8). False rape accuser gives 'witness statement' in existing case instead of original complaint

The false rape accuser came to give her 'witness statement' to the police rather than register a complaint. Analyze this – if a woman is raped, will she register a complaint to the police or will she wait to 'tag on' with somebody else and make a 'witness statement' in the other person's complaint? Bizarre though it may sound, that is exactly what happened in the case of Paramahamsa Nithyananda. Lenin Karuppan is the complainant whose complaint makes out NO offence but the media creates a frenzy around the fake video and paints a dark picture around it. The false rape accuser adds on to the weak case her 'witness statement' rather than file a fresh complaint. Why? She is not under oath or bound by her witness statement. She knows her complaint won't stand given the number of STDs she has been having since before she even met Paramahamsa Nithyananda? On the basis of complaint and FIR not making out a crime itself, the whole case can be dismissed as untenable.

(9). Uncondonable delay of more than one and half years to give statement after date of last alleged rape incident

The fake rape accuser gave her false statement to the police after more than 1 and half years from the date of the last alleged incident! No evidence, no witnesses, no substantiation, only counter evidences. There is a colossal delay of more than six years from the date of first alleged act of sex and one and half years from the date of last alleged act of sex. To condone the delay, exceptional grounds must be shown and it is mandate of law. A highly educated woman, BITS Pilani graduate, who has even lived abroad claiming she was led to believe having sex with her guru, traveling thousands of miles to be raped more than 120 times, would lead her to enlightenment is unbelievable to say the least.

As the Hon'ble Judge in the Raghaveshwara Bharathi case put it, “It is cock and bull story unbelievable and opposed to common sense and apparently appears unnatural...The prosecutrix must be hen peacock or weak minded or timid or not exposed to external world, no such qualities being shown in her to accept it. So, the complaint hits at large. Women having this type of character always afraid of doing wrongs and conscious about doing, if anything happens or goes wrong on the very next moment rectifies and correct it and mend her manners. If anybody tries to misbehave with her, react sharply in no time and get irritate, such women never enterprises to have sex..."

Notably also, no exceptional circumstances of threat (imminent danger from the hands of Paramahamsa Nithyananda and his men to herself and her family members) are being shown to condone the delay in making the complaint. It is also to be noted that the residence of her parents is only few kilometres from the aadheenam (Bengaluru Aadheenam), so they were very much reachable in case of any emergency, if at all.

(10). Blood test of fake rape accuser missing in medical test

Any incident of rape has the medical test of the victim as a mandatory requirement. But the police have taken the medical test of the false rape accuser as just a physical exam, specifically avoiding blood examination which is fundamental to getting evidence, be it semen stains or physical DNA evidence.

Was it because the blood examination would reveal the false rape accuser’s STDs? This itself cannot be accepted without corroboration and by itself proves the falsity of the allegations of rape.

(11). Six clinching factual evidences to disprove allegations of fake rape accuser as false

There is no material evidence against Paramahamsa Nithyananda. In fact, there are only clinching evidences, each independently strong enough to exonerate Paramahamsa Nithyananda.

1. As late as October 2009, when her alleged instance of rape was in March 2009, the fake rape accuser went with her husband Manickam to take the blessings of Paramahamsa Nithyananda at the Kalpataru program in which she was a volunteer. The program was also in her own city Detroit, Michigan (state in USA).

If her story of ‘realization’ of rape happening in 2009 were true, then why would she bring her husband to take blessings from Paramahamsa Nithyananda? This itself proves all the allegations of rape by the fake rape accuser are patently false and fabricated.

Oct 2009 - Rao and her husband receiving blessings from Paramahamsa Nithyananda

2. There are video evidences of the fake rape accuser receiving healing and blessings from Paramahamsa Nithyananda in December 2008, after dozens of alleged incidents of rape.

Above: December 2008 - Aarthi Rao receives healing blessings from Paramahamsa Nithyananda

3. The fake rape accuser has even written a book titled ‘When God is my son’. She describes in this how she related with Paramahamsa Nithyananda as her son – like how Yashoda saw Lord Krishna as her son. Now, that is perversion of the highest degree – a ‘mother’ claiming sexual relations, forced or otherwise, with her son!

Excerpt from book by Aarthi Rao - When God is My Son

Add to it the fake rape accuser's claims to be a 'traditional Indian woman' and the whole charge collapses right on its face.

The fake rape accuser is on record with multiple emails even as late as 2010 (after her last instance of alleged rape) expressing her gratitude to Paramahamsa Nithyananda and wanting to serve his mission to do good to the world.

11 May 2006 – Alleged rape accuser's email to a devotee expressing gratitude to Sri Nithyananda Paramahamsa for all his blessings

--- On Thu, 5/11/06, Nithyananda Premeshwari [email protected] wrote: From: Nithyananda Premeshwari [email protected] Subject: Re: [Acharyas] A poem as gratitude To: [email protected] Date: Thursday, May 11, 2006, 2:28 PM

Dear AnandaGopi, The poem is simply beautiful...brings tears as i read it, because it is so true and I'm sure many of us feel exactly the same way, but you have put it so nicely! Wonderful!! Thank you for sharing it! Thanks also for sharing your experiences at the Lil Ananda prg... it was interesting and inspiring to read it all... glad u sent a long email and wrote in depth! :-) Everytime I read about anyone's experiences or expressions of gratitude, I am reminded of how fortunate and blessed we all are to have the Master's grace in our life. Much as I would like to share my gratitude and experiences, nothing seems to come out as words/poems!! :-( I've stopped trying, since it should just happen, and it will whenever Master wills it! Much love and gratitude to each and every member of the Nithyananda family! Nithyanandam, Premeshwari

12 June 2006 - Alleged rape accuser's Poem of gratitude to Paramahamsa Nithyananda on email to devotees

--- On Mon, 6/12/06, Nithyananda Premeshwari Mayi [email protected] wrote: From: Nithyananda Premeshwari Mayi [email protected] Subject: [Acharyas] A poem... or is it?! To: [email protected] Date: Monday, June 12, 2006, 3:33 PM

Dear Nirmal, I wouldn't call this a poem... just a few words that came from my heart and felt like sharing. :-) -- Love, Premeshwari A Place I Had Never Been I long for a passing glance from you, I long to see your beautiful, warm and loving smile. Oh! How it brightens my world instantly, and takes me to a place I'd never been before! I could spend all day in hell as the happiest person there if I knew it would buy me a few moments in your arms! How I wish to be enveloped by you... for it takes me to a place I'd never been before! A place that is out of this world, a place so serene like the Himalayas, so beautiful like a valley of bright flowers so mesmerizing like the Niagara and yet so calm like the deep blue ocean! A place that's all this and much more, a place that fills me with bliss, fills me with love, fills me with peace and joy, a place I never knew existed, a space I never experienced, until I met you, O Nithyananda! Is this what they call Heaven? For it truly feels like Heaven, when I'm in this space, and nothing else matters anymore! In Nithyananda, Ma Nithyananda Premeshwari Mayi

12 February 2010 - Alleged rape accuser's mail claiming she wanted to serve Paramahamsa Nithyananda's mission but being stopped by husband who got "some anonymous letter from some random ex-Nithyananda person"

On Fri, Feb 12, 2010 at 7:17 PM, Premeshwari Mayi Nithyananda [email protected] wrote:

Nithyanandam Ma Sivananda, Sorry I missed your call the other day. :( Think I was in the shower and didn't hear your message until much later. I got back recently from India, and Manickam had a second surgery in his foot the day I arrived. He is doing ok now, back to work, etc. I'm finally settling back into Ann Arbor after jet lag and Manickam's recovery. How are things in Columbus. You must be really busy now with Ayya's visit and today's Shivaratri programs. Wish I could have come today. But things have been quite crazy at home between Manickam and myself. It's a long story, and I don't want to repeat it anymore (working on unclutching from it and getting past it)! Basically, Manickam has asked me to stop being involved with Dhyanapeetam and Life Bliss Foundation! :( All because of some anonymous letter from some random ex-Nithyananda person!! After many fights, debates, arguments and discussions, I had to agree to a compromise to keep some peace at home! The compromise was to stay out of all organizing or any related activities for at least for the next 6 months! The only thing he agreed on is me doing my own personal practice of yoga and meditation. :( I was really looking forward to helping Ravikumar with all the activities here, for Ayya's visit and Swamiji's return in September! But at this point it looks like I am not going to be able to do anything at all. It's very depressing sometimes, and meditating on Swamiji helps me stay sane! I mentioned to Gopika about this situation, she said Swamiji will take care. So I am hanging in here, waiting for the situation to improve... hopefully sooner than 6 months! Lets see... keeping my fingers crossed and waiting for Master's miracle. OK ma, you take care. Lots of love and hugs to you, Nat uncle, Bodhanaa and everyone else!

On Mon, Feb 15, 2010 at 11:52 AM, Premeshwari Mayi Nithyananda [email protected] wrote:

Dear Ma Sivananda, Nithyanandam! Thank you so much for your sweet email. You are absolutely right about the sakunis and dhuryodhanas that are ruining people's minds and lives! :( As you said, I'm just hanging in here, unclutching & waiting for this to pass. Swamiji has often told me that Manickam is my tapas... and I feel that tapas is taking me to the next stage of churning! :( Anyways, I mentioned to Manickam about meeting you when you visit Detroit (I would love to). He said he likes you and has nothing against you personally. But he definitely doesn't want me to meet anyone or talk to anyone from Dhyanapeetam, for next 6 months!! He was very adamant about it and refused to give in to my pleads or my anger! :( Looks like I won't be able to meet Ayya or go for his satsang in Detroit! I'm glad we can write at least. Take care ma. Nithyanandam. Premeshwari

Now for some “elementary” logic on the background and profile of the alleged rape accuser. She is a postgraduate degree holder with her graduation in engineering at BITS Pilani, Rajasthan, followed by a Master’s degree in USA. She has seen the world literally. She is a married woman and in her words a “traditional Indian woman” at that. Such a modern woman claiming she was led to believe that having sex with her ‘guru’ who she related with as her son, can lead her to enlightenment is not tenable at all.

By her own admission, she was not kept under duress or captivity by Paramahamsa Nithyananda from the date of first act of alleged sex in 2004 and raped her continuously and repeatedly till 2009. Neither did Paramahamsa Nithyananda go to her for any reason, it was she who kept going each time to Him, getting on a plane, travelling thousands of miles, to be allegedly raped over 120 times. If she was indeed forced to do so, why didn’t she tell anybody, not even her husband, about it? Husband is her legal guardian and protector. A married woman if having a sexual relationship with another man over 120 times is nothing but adultery and licentious behaviour on her part, not rape on the man’s part.

As the Hon’ble Judge in Raghaveshwara Bharathi case would observe, and which facts are exactly the same in the case of Swami Nithyananda,

“she went to the accused wherever he was, in no instance, had accused gone to her did a sex with her, in no instance accused called her on his mobile phone or sent his men to call her and committed a rape on her. Itis the most unnatural to accept the case of the prosecution that the woman who is a victim of rapeintermittently, extremely, voluntarily goes to hunter orrapist. This say is quite contrary to human notions,conduct and improbable and impossible to accept it.

“Prosecutrix has failed to give an explanation of any compelling reason for going to him or meeting the accused repeatedly, after alleged first incident of rape. The prosecutrix is mentally matured (not born idiot), unthinkable nature about others say and its nature. She is a woman of fidelity to her husband, God fearing and chaste woman. The Prosecutrix is not a simpleton or of dullard woman and no knowledge of external world to cheat her easily by anyone including Mathadipathi.

“He did act of sex with her without illegal detention by him or his captivity. After having did a sex with the accused Mathadipathi, she returned home and led not only worldly life with her family members, but led a marital life with her husband without any complaint.

“What was the exceptional and extraordinary circumstance to prevent her from lodging the complaint immediately on a first, or second or third occasion like imminent danger to herself and her family members from the hands of men of accused Mathadipathi to accept her say. The man may cheat once, twice or thrice but, not always continuously. As told above, she is a woman of God fearing and faithful to her husband. The woman of such character never surrenders to any man even including Mathadipathi, definitely offers resistance and stops pay visiting the accused Math and attending.

“The women who are trusted to their husbands, or God fearing or chaste women and never astray from the path of rectitude, the women of such character never share the bed with other than their husbands. The women are such character never carries away by their appreciation of person or lured by money. The women with above such character always follow a Dharma. The saying that goes ‘Sathi Dharmada munde Yathi Dharma naganya’. No scope for the place of literature in judiciary, but, the circumstances in this case warrants or calls for to mention it. If we accept the saying, the basic structure and foundation of the society on which now stands fails and collapse, become a chaotic.

“It is not the section that determines the nature of the offence, but, it is the sum and substance of the allegation that will determine the nature of the offence being committed. It is the bounden duty of the Judge or Magistrate to find out the alleged offence actually accused committed on the material allegations leveled against him.”

No pre-hatched conspiracy would have planned for the medical impotence of Paramahamsa Nithyananda. In the Paramahamsa Nithyananda case, the story of rape or let alone a sexual affair falls flat, given that the medical records of Paramahamsa Nithyananda quantitatively prove that His male hormone levels are extremely low, so there is no libido or sexual drive itself in the first place.

Medical reports show that not only psychologically is Paramahamsa Nithyananda not capable of a sexual act (i.e. he has no desire for sex), but also physiologically itself, He is not capable of a sexual act as His penile blood flow is “insignificant” and hence He is incapable of having an erection in the first place.

PENILE DOPPLER STUDY (WITHOUT INTRACAVERNOSAL INJECTION)

Flaccid state Doppler assessment showed insignificant blood flow. Both the cavernosal arteries show normal anatomy with adequate side branches (min of 3) in the root, proximal & mid shaft regions. Few collaterals from the dorsal penile artery are noted in the root augmenting both the cavernosal arteries bilaterally

Flow parameters in the Cavernosal arteries are as follows:

Both corpora cavernosa are normal in echotexture with no focal lesion seen. Right cavernosal artery measures ~ 0.085 cm in diameter. Left cavernosal artery measures ~ 0.072 cm in diameter.

IMPRESSION:

PENILE DOPPLER STUDY WITHOUT INTRACAVERNOSAL INJECTION WAS PERFORMED. • BASELINE STUDY SHOWED THE ABOVE PEAK SYSTOLIC VELOCITIES AS MENTIONED.

Penile Doppler Study: penile blood flow is “insignificant”

(13). Modification Of Statement To Fill In Gaps Is Illegal

The non-examination of material witnesses, non-production of statements of some material witnesses recorded in the course of investigation, ‘improvisation’ of the alleged fake rape accuser’s statement are proof enough of the false and motivated case demonstrating unfair and biased investigation leading to violation of Article No.21 of the Constitution. Other than the statements and further modifications of the statement of the alleged rape accuser, there is no shred of evidence or material on record or witness to substantiate the claims of alleged rape by Paramahamsa Nithyananda.

The recording of statements of prosecutrix is against the concept and the law propounded by the Hon’ble Supreme Court of India in AIR 1977 SCC 349. The ratio of the authority speaks that any statements recorded by supplementing or adding or suppressing or modifying after twenty four hours of registration of a crime would amount to fabrication or concoction. This is the serious infirmity that collapses the false case.

(14). US Court dismissed the case as baseless and imposed fine of over half a million dollars for false case

A US Court has already ruled the case of the alleged rape accuser as false and in fact has put a fine of over half a million dollars on her for destroying the character and life of Paramahamsa Nithyananda.

She now faces multiple bench warrants in USA and faces imminent arrest as soon as she sets foot in USA.

Case: 2:13-cv-00526-ALM-NMK Doc #: 32 Filed: 08/12/14 Page: 1 of 1 PAGEID #: 219

AO 450 (Rev. 5/85) Judgment in a Civil Case