09 June 2012: Persecution by the State: Attack 5
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Chief Minister Moves State Machinery For Genocide
On 9th June 2012, the Chief Minister of the State, Sadananda Gowda used the justification propaganda created by the Hindu Extremist Media (Suvarna Television) for the next level of the 48-hour genocidal attack. The entire government machinery was mobilized to zero-in and destroy their target - His Divine Holiness Paramahamsa Nithyananda.
Chief Minister (CM) Announced State Takeover of Temple Monastery and Arrest of His Divine Holiness
Sadananda Gowda, Chief Minister of the State of Karnataka
Sadananda Gowda, Chief Minister of Karnataka, issues arrest: https://www.facebook.com/499911590466582/videos/500599380397803/
(Below is transcript of the public statement of The Chief Minister (CM) of The State of Karnataka - Sadananda Gowda (a member of the Hindu Extremist Political Party - BJP - Bharatiya Janata Party)
CM ordered District Administrator to work out plans to seize the temple land “About 2 days back, the government had ordered the district administration to come up with a detailed report, with regarding to the present situation in and around the premises of Nithyananda Ashram in Bidadi.”
CM ordered Regional Commissioner to use a heavy hand “Today we received the report, and the law minister, the home minister and the district minister, along with the officers had a detailed discussions, and we decided to hold a high level enquiry headed by the regional commissioner to look into the matter in detail.”
CM ordered the State Police to seize temple assets and property “(We gave instructions) To the district administration and the Superintendent of police, Ramanagara to search the premises and draw a mahazar (a list of items in the property with drawings before carrying a raid) and take possession of the ashram property and see that law and order is maintained in the locality.”
CM ordered immediate body-arrest of His Divine Holiness at any cost! “Thirdly, we have asked the home department to see the bail applications. The bail already issued to Nithyananda Swamiji should be cancelled. For that reason, legal action should be taken immediately. Hope, finally the arrest of Nithyananda should be done as early as possible. Speedy mechanism should be opted for this purpose.”
“Speedy mechanism” - the State-sponsored Atrocity The State, on the Chief Minister’s order, mobilized a 600-battalion Police force, and fueled in Rs. 3 crore ($ ½ Million USD) for the unlawful body-arrest and parade of His Divine Holiness throughout the Bangalore city - the Silicon Valley of India to project Him “as a criminal”.
| HOW IT SHOULD BE DONE | HOW THEY PERSECUTED |
|---|---|
| How a fair Legal Process and Investigation is done | How it was done against His Divine Holiness Paramahamsa Nithyananda |
| Complaint is filed by the victim against the accused and police action is taken | Illegal detainment of the victim (His Divine Holiness) by unlawful cancellation of His bail. |
| Police carries out an investigation and collects evidences before any detention | The detention is done first, and then orders are given to raid His temple-monastery in the “hope” to find or “cook-up” some material to legitimize the illegal detainment! |
| Police Interrogate witnesses (only if they are related to the complaint), without pressuring them to give any biased or false statements. | Police pressurize women in His Divine Holiness’ community to give false statements against Him. |
| Only on being sufficiently convinced | Knowing well there is no substance or |
| by the evidences as per law, the police files a chargesheet against the accused. | evidence against the accused, the State desperately creates material to file a chargesheet to persecute Him. |
| In the case of a fake complaint, the case is dropped to stop abuse of State machinery for personal vendetta. | The false case is still kept “alive” by false evidences, fake witnesses, and twisting and suppressing facts. |
| The State doesn’t abuse its power in the process, given by the democratic constitution. The use of discretion is only for the purpose of delivering justice and not for carrying out personal vendetta and vengeance against an individual or a community. | The BJP led State of Karnataka carried out several atrocities on the community: ● Seized temple jewellery (worn by deities) illegally and never returned it. ● Abused the children of the community. ● Raided the temple and sealed it. ● Threatened the peaceful community, hurling life-threats demanding them to flee the State or die. ● 600-battalion-police is dispatched to parade His Divine Holiness throughout the City, spending Rs. 3 crore ($ ½ Million USD) of public taxpayer money. |
| Only if required, the State Police carries out detention with a proper warrant and following the process of law. | Even after His Divine Holiness obtained the bail, the State breaks all laws and kidnaps Him to an illegal “off-the-grid detention”, far from the reach of law, to assassinate Him. They feed Him poisoned food during illegal detainment. |
| Following a court trial (only if required), appropriate legal action is taken against the accused or the complainant. | During this decade long “unfair trial” against His Divine Holiness, always the evidences and witnesses in favor of Him are suppressed in an attempt to somehow arrest and assassinate Him. |
What does it mean to draw a Mahazar “The seizure of goods, documents and items have to be done as per Section 110 of the Customs Act, which says, a Mahazar has to be drawn. Mahazar is a drawing of a location and an inventory list of goods seized”. The Chief Minister ‘unlawfully’ ordered seizure of all temple goods and creation of mahazar of deities (temple idols) and temple jewelleries (worn by deities).
Search, Seize, Seal and Enforce Curfew
11th, 12th June 2012: State Police Seizes temple property, Seals the Monastery, Enforces Curfew, Displacing Hundreds of Residents
On 9th June the Chief Minister had “illegally” ordered • Search and Seize temple property (arbitrary and illegal) • Seal the aadheenam (arbitrary and illegal) • Enforce Curfew (illegally enforced)
11 June 2012 : Police conduct a raid; search and seize temple property and enforce SEAL
Following the CM’s instruction (of 9th June 2012), on 11th June 2012, the State Police entered the Aadheenam led by the Superintendent of Police Anupam Agarwal with at least 100 IPS officers and officers from several Government departments such as Revenue, District Administration etc.
Sri Nithya Advaitananda, the principal of the Gurukul (school) recalls, “The whole operation was illegal! We were victims of multiple malicious attacks and were just recuperating. And here, was the next attack in another form: a raid....to search what?! We are an Aadheenam, a temple-monastery, raising consciousness of human beings! What will they find here?! Truly, I felt most violated at having to accompany them on the “raid” inside the campus. And a raid triggered not by the course of any law but “planned” by malicious persecutors! It was the most frustrating, arbitrary and inhuman treatment that should not be given to any citizen, leave alone a Hindu incarnation!”
“All the containers were opened, all the rooms were searched. They finally went to the sacred Banyan tree area behind the temple. The Banyan tree is a mystical tree and energy hub of the entire Aadheenam. It is not meant to be violated in any form. I was shocked when they started digging under the tree in a location. They were digging as if trillions of Rupees would come out of the ground! I was shocked beyond words. They dug and ofcourse did not find anything.
They completed the search and seize operations and took away material that was never returned to us. It was sheer “justified” daylight robbery.
After seizure, they went around and sealed many metal containers and main parts of the Aadheenam like the welcome center, the administrative office and the accounts office. In those containers we had stored our basic departmental items such as temple items, published books, housekeeping related items, temple ritual items (vibhuti, kumkum, chandan ...) etc. The seal jeopardised our fundamental temple operations. We could not digest that we were 1) attacked 2) nearly killed 3) arrested
4) raided and now our main operational buildings sealed!
The entire illegal raid and seizure was presented in the mainstream-media as if a host of great criminal activities had been going on and the officers were there to discover all of that. However, none of the 100 officers who raided, bothered to give a statement to the media to clarify that they raided but could not find any trace of any kind of illegal activity in the sacred temple monastery.”
Ma Nithya Advaitananda (Principal of Gurukul) recalls, “The police came as scavengers, plundering and sealing our Gurukul.....It was a rude shock for the children... they were traumatized beyond repair, even today when they see anyone with a police uniform, they shiver and weep! Nothing was safe! We were not even through the ordeal of attack by the Suvarna TV mob, and here the police, who were supposed to protect the children were searching the Gurukul and disgustingly throwing away the school supplies! I ran every minute to safeguard the security of the children, as they shed hot tears seeing their place of study sealed.
What is the law in illegally sealing the Gurukul where we are creating the divine children, who will lead and serve humanity with truth and love?
They abused and attacked the innocent children - they closed all access to bring basic needs for the children.
My heart felt weak as I ran to get basic food for the children. Some of the children needed immediate medical care and we could not even get medicines! They denied us the basic human needs - to get any supplies inside the aadheenam. Which lawkeeper will do this? It was killing us, keeping us as their hostages in the name of protection and curfew.
Sri Nithya Ambananda Swami (Chief Priest at the temple) recalls, “WE didn't even have a matchbox to light the aarthi lamp for Nithyanandeshwara and Nithyanandeshwari (presiding deities of the the Bengaluru Aadheenam).”
The Temple Monastery Community of Bengaluru Aadheenam under Siege by the State Police
Superintendent of State Police, Anupam Agarwal supervises the temple-raid.
The sealed temple gate.
Administrative units of the temple monastery complex illegally SEALED
Curfew (Indian Penal Code - IPC 144) imposed
What is Unlawful assembly and Curfew Section 144 of the Criminal Procedure Code (CrPC) of 1973 empowers an executive magistrate to prohibit an assembly of more than four persons in an area. According to Sections 141-149 of the Indian Penal Code (IPC), the maximum punishment for engaging in rioting is rigorous imprisonment for 3 years and/or fine. Every member of an unlawful assembly can be held responsible for a crime committed by the group. Obstructing an officer trying to disperse an unlawful assembly may attract further punishment.
These sections cannot be imposed on private property and is only applicable to public places.
Illegal Curfew (IPC 144) Imposed - Right to life denied The most draconian imposition of force was the slapping of the Section IPC 144 on the entire Bengaluru Aadheenam and its residents. It meant: not more than four residents could even stand and talk to each other anywhere! This imposition included not assembling for daily puja (ritualistic worship) inside their own temple on their own private property. The fundamental human rights of the residents to practice their religion and live freely was denied.
The residents were stunned by the 144 ruling…
Ma Nithya Bhaktikananda Swami recalls, “It took at least 48 hours for all the residents to understand the strange ruling in place. It literally meant, a family of five could not sit together and talk in their own house! Firstly, for the residents, it was not an instruction from "Swamiji", so they did not take it seriously. We had to explain to them that it was a rule imposed by the State of Karnataka and it had to be followed. They were stunned. A dozen questions were asked about the ruling and its basis. When we explained to them that the whole thing was being illegally done, they were felt so suffocated and pained. For a community that "lived" in congregation, the ruling was like snatching away the source of life itself. They kept asking us what harm their innocent congregation would do to anyone. There was only one answer to ALL their questions: ‘Everything is being done illegally to us’. No other answer.”
Right to movement of people and materials - denied Right to movement of people and materials, in or out of the ashram was denied - leaving the residents resourceless and hopeless for basic food and living necessities.
Children abused and harassed by the State Police They probed, harrassed and interrogated the residents including the children studying in the Gurukul (temple school).
Arbitrary and Illegal - No written order was given to neither authorizing the raid nor for the sealing of the aadheenam. The imposition of Section 143, 144 of the Indian Penal Code (IPC). This was a completely illegal operation that not only violated the human rights, but instilled terror and irreparable trauma to residents and especially the children.
CRIMES OF THE STATE POLICE
- Section 144 of the IPC cannot be applied to a private property. The State Police illegally applied it to the Aadheenam, which is a private property.
- The Chief Minister abused his power as the head of the State to drive out and displace ‘the victim’ residents by illegally enforcing IPC 144 (Curfew) and Sealing the ashram (which was so grossly illegal, that they did not even mention the section which they wanted to impose).
13 June 2012: State executes a “foxy” second arrest - Attack 6
A planned delay for arrest For the FAKE complaint filed by Suvarna TV Channel chief Ajith (on 8th June 2012), the Counsel of His Divine Holiness filed for bail, which is His undeniable right. The bail petition came for court hearing. For a fabricated offence and that too bailable, surprisingly, it was “adjourned” to the next day, deliberately leaving it open for the “pre-planned” arrest of His Divine Holiness.
The State police wielded an age-old persecution weapon called “protective custody” where, beyond judicial control or judicial review, the accused is held illegally and tortured; not in a normal prison but in a remote location chosen by the police. It is an “off-the-grid operation” to intentionally isolate and kill the accused.
This was the technique used by the Nazis to mass-kill the jews in the Holocaust of World war II. They were kept under “protective-custody” not in normal prisons but in concentration camps where they were made to languish to death. In the case of his Divine Holiness, the police kept His Divine Holiness not in a normal cell but at an unknown location with no food or water and continuous life threat. The worst nightmares came alive for the disciples, trying to fathom where and what was happening to their Beloved Guru.
Religious rights ridiculed
His Divine Holiness, as per His religious duties as the 293rd pontiff of the Madurai Aadheenam (most ancient traditional monastery), could eat only after offering His daily worship to the traditional Shiva linga deity - an unbroken tradition for 2000 years. He could not even drink water until then.
The Police in their heady power, ridiculed and denied His Divine Holiness from his religious worship, and refused to give him His deity. United Nations Declaration of Human Rights - Article 18 empowers humans to freedom of religion, however the police had no humanity.
Denied his Shivalinga in cop custody, Nithyananda fasts through the night
By Hemanth Kashyap | Updated: Jun 15, 2012, 01:17 IST
It is a Shaivagamic tradition that one doesn’t eat until he offers his daily puja (ritualist worship) to Shiva-linga (deity). The State police stop His Divine Holiness from worship and the mainstream media publish this story to ridicule Him.