Hindu Holocaust

2010-04-21 - An Ugly Nexus to Deny Bail

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On 21 Apr 2010, in Bengaluru, at 1:30 pm, the Counsel to His Divine Holiness moved the Court with an anticipatory bail petition on His behalf, on account of the false charges filed against Him. The judge was about to grant the bail based on the pure merits of the case. However the police lied that His Divine Holiness was already arrested in a certain location and therefore argued that the bail petition has become infructuous (invalid). The truth is, the arrest did not happen until 2:30 pm.

It was a blatant lie masterminded by the DIG (Deputy Inspector General) of the Criminal Investigation Department, Charan Reddy to ensure compliance of Hindu extremist S.Gurumurthy’s instruction, which was ‘the arrest of Paramahamsa Nithyananda’. In the event, the right to justice was maliciously denied to His Divine Holiness by the pure lies of the police officials (violation of Article 8, Article 10 of the United Nations fundamental human rights declaration)

BAIL-REJECT ORDERS

2010-04-21	Ramanagara Court Rejects Anticipatory Bail

| | | The Court observes that statements of several witnesses reveal 100% Trust in His Divine Holiness Paramahamsa Nithyananda and His mission. However court rejects His Divine Holiness' anticipatory bail petition. | | |

| | | The Court observes that since His Divine Holiness Paramahamsa Nithyananda (Swamiji) is highly revered in the Hindu society and since the offences against him are grave he should establish the falsity of the case, even if it requires getting arrested. The Court feels that getting arrested should not be an issue as the law protects the person even during arrest. This is a direct violation of the fundamental tenets of law and the right of being innocent until proven guilty [Article 11 of the Universal Declaration of Human Rights]. | | 2010-05-06 | Court Rejects Bail Petition |

Discussion demonstrate that having regard to magnitude and dimension of investigation involved in the case, stage of investigation, impact/effect of bail to progress of investigation, preservation of evidence to be collected by the I.O it is not just and proper to exercise discretion to grant bail to petitioners.

The court rejected the bail petition of His Divine Holiness in favor of more rigorous scrutiny and investigation to continue.

2010-06-13

The 53-day illegal arrest ended with Bail ‘conditions’ suspending fundamental Human Rights & Freedom of speech

(Extracts from the bail order)

4. During the course of investigation, the Police recorded the statements of the devotees, disciples and various other persons. For the purpose of investigation, several remand applications were filed before the learned Magistrate for the purpose of further investigation. Number of statements have been recorded, however, the statements of these witnesses do not reveal any offence alleged in the F.I.R. Most of the

Essence: More than 50
witnesses, devotees, disciples
and various people were
remanded, interrogated and
harassed by the State
prosecution, but all of them
gave statements only in
support of His Divine Holiness
and his divinity; no offence by
His Divine Holiness indicated.

10. Looking at the entire material collected by the prosecution and the alleged video clippings telecast on the T.V., no doubt it touches the sentiments of the devotees and the followers. However, it may at the best attract the offence punishable under Section 295-A of IPC and the said offence is

Essence: The (fabricated)
obscene video clips undoubtedly
hurts the sacred sentiments of
devotees.
But the clips do not support
fake rape (376) charges.

11. In these circumstances, the question arises as regard to the life and liberty of an accused. Under Article 21 of the Constitution of India, no person would be denied of right to life and personal liberty except in accordance with law. In order to detain or deny the right of liberty, there must be something against the accused to detain him. No doubt, serious offences are alleged against the accused No.1, but same is not supported by any material. Just based on the allegation, the liberty of person cannot be denied. Further, the investigating Officer has filed a memo stating that there is no material against the accused and has also stated that,

Essence; There is no material to
support any of the allegations of
rape or any of the other
allegations.
Just based on allegations, a
person cannot be denied ‘right to
life’.
Even the Investigation Officer
said, “there is no material to
support any allegations”.

Propaganda for Justification of Persecution:

confidence of such devotees. However, it is not a matter for the court to discuss since the issue was subsidized by the media by telecasting the incident and a question mark is created amongst the public as regard to the image of Sanyasi or Swamiji. If such an image is given to the Sanyasi or

Essence: The Court is clear that the matter cannot be discussed as it has been distorted by the Media character assassination of the image of Swamiji.

However since,

God, they just follow such persons. A person, who wants to be in such position, must be free from all attachments and he must have strong determination and courage to live to the expectation of the people. One misbehaviour may shock the

His Divine Holiness is at a position of high respect and regard in the Hindu society there should not be even one iota of doubt on his image and His Divine Holiness must come out of the persecution demonstrating strong determination and courage living up to the expectation of the people.

Unjust Bail Conditions - Human Rights Suspended

accused No.1 is enlarged on bail subject to following conditions: i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and two local solvent sureties for the likesum to the satisfaction of the court; ii) He shall not leave the jurisdiction without the permission of the jurisdictional court; iii) He shall mark his attendance once in 15 days before the jurisdictional Police; iv) He shall also not undertake any preaching or classes except performing yoga till the investigation is completed and

• Freedom of Speech, freedom to impart religious discourses indefinitely suspended. • Freedom to travel suspended : Cannot leave the jurisdiction without court permission. • Cannot preach or conduct any program till investigation is complete. • Has to sign in a register in the local Police station every 15 days.

2010-07-16

Bail Conditions got Relaxed by Counsel to His Divine Holiness through legal battle Basic Human Rights of Freedom of Speech Restored


	4. In so far as preventing the petitioner from preaching, it would amount to preventing his freedom of speech. Such a condition, in my opinion, may not be justified for a longer time. Accordingly, condition No.4, preventing him from preaching and taking classes, is relaxed. The Court observers that the ban from preaching and giving religious discourses cannot be justified any further as it is depriving His Divine Holiness of the basic human right of Freedom of Speech. The Court relaxed the bail conditions and withdrew the ban.
2011-04-21	Freedom is not free Court approval required for pilgrimage The Court relaxes bail conditions for a 3-month pilgrimage. Unlike ordinary people who can travel as per their will, His Divine Holiness has to ask the Court for permission even for pilgrimages and specifically for visiting his birthplace to conduct the last rites of his pre-monastic grandmother. Freedom is not free in the sage of persecution of His Divine Holiness Paramahamsa Nithyananda.

4. In so far as preventing the petitioner from preaching, it would amount to preventing his freedom of speech. Such a condition, in my opinion, may not be justified for a longer time. Accordingly, condition No.4, preventing him from preaching and taking classes, is relaxed. The Court observers that the ban from preaching and giving religious discourses cannot be justified any further as it is depriving His Divine Holiness of the basic human right of Freedom of Speech. The Court relaxed the bail conditions and withdrew the ban.

2011-04-21

Freedom is not free Court approval required for pilgrimage The Court relaxes bail conditions for a 3-month pilgrimage. Unlike ordinary people who can travel as per their will, His Divine Holiness has to ask the Court for permission even for pilgrimages and specifically for visiting his birthplace to conduct the last rites of his pre-monastic grandmother. Freedom is not free in the sage of persecution of His Divine Holiness Paramahamsa Nithyananda.

2010-04-09