In an important building within the topic, a Particular Go away Petition has been moved within the Best Courtroom difficult the Allahabad Prime Courtroom’s March 25 order granting anticipatory bail to Swami Avimukteshwaranand Saraswati within the Prayagraj POCSO Case over alleged sexual abuse of minors.
Ashutosh Brahmachari, the primary informant within the case, has filed the petition thru AOR Saurabh Ajay Gupta, arguing that the Prime Courtroom didn’t adequately believe the severity of the allegations in opposition to Swami.It can be recalled that the Prime Courtroom granted aid to the Shankaracharya of the Jyotir Math in part because of what it termed the ‘ordinary’ conduct of the minor sufferers, who selected to confide in regards to the alleged offences in a stranger (the informant) fairly than their herbal guardians.
In its 22-page order, the Prime Courtroom additionally rejected the State’s argument that there’s a statutory presumption of guilt in opposition to the accused beneath Phase 29 of the POCSO Act. The bench clarified that this presumption can’t be invoked on the pre-arrest level earlier than fees are if truth be told framed.
The bench additionally highlighted a 6-day lengthen in informing the police in regards to the alleged crime. Whilst the sufferers allegedly knowledgeable Brahmachari on January 18, 2026, he didn’t touch the police till January 24, as he claimed that he used to be excited about a “Pooja/Yagya”.
The HC had additionally famous that regardless of claiming to be tied up with “Pooja/Yagya”, the informant (Brahmachari) filed a separate software on January 21 relating to a special alleged incident beneath Phase 109 and different sections of the BNS.
The Courtroom had additionally taken sturdy exception to the media’s involvement within the topic as after the registration of the FIR, quite a lot of Hindi information channels interviewed the minor sufferers and recorded their statements.
The Courtroom termed this as an immediate violation of established procedures beneath the POCSO Act and the Juvenile Justice Act.Importantly, the Prime Courtroom additionally stressed out that the information of the case require “better care and warning” given a notable accident. Necessarily, the date the informant allegedly were given to understand in regards to the abuse (January 18, 2026) used to be the very same day a separate dispute arose between the accused and the native management relating to bathing within the Sangam at the holy instance of Mauni Amavasya.
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