A special POCSO court in Prayagraj on Saturday ordered the police to register an FIR against Swami Avimukteshwaranand Saraswati and others on charges of sexual assault on minor disciples during the Magh Mela last month.
Swami Avimukteshwaranand was in headlines last month when he was allegedly stopped from taking a bath at the Sangam and was served a notice by the Prayagraj Mela Authority over using the title of the Shankaracharya of Jyotir Math in Uttarakhand.
The court also directed that the investigation shall be carried out fairly, independently, expeditiously, and in compliance with the provisions of the POCSO Act, including those related to protection of the victims’ identity and dignity.
The court ordered the case be registered against “Avimukteshwaranand of Paramhansi Ganga Ashram, Narsinhapur, Madhya Pradesh, Mukundanand Brahmachari of Sheshnath Ashram, Badrinath Dham, Uttarakhand and two or three unidentified persons”.
According to the order, Ashutosh Brahmachari and the alleged minor victims had approached the court seeking directions for registration of an FIR against Avimukteshwaranand and others for offences punishable under sections 69, 74, 75, 76, 79 and 109 of the Bharatiya Nyaya sanhita and sections 3, 5, 9 and 17 of the Protection of Children from Sexual Offences (POCSO) Act.
The application was supported by the affidavits by the applicant and the alleged victims.
The plea stated the applicant approached the court after no case was registered even as they earlier submitted a complaint with the Prayagraj Police Commissioner and the SHO of the police station concerned.
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On February 7, the court after hearing the application had directed the Prayagraj Police Commissioner to submit a detailed inquiry report on the “factum of commission of the alleged incident(s) in the matter”.
The Police Commissioner has submitted a detailed inquiry report in the matter.
The court observed, “A detailed enquiry report has been submitted by the Commissioner of Police, Prayagraj, which has been duly considered by this Court. While the allegations raised are undoubtedly serious in nature, the material placed on record, including the enquiry report.”
The court stated in the order, “The applicant, Ashutosh Brahmachari has alleged victim ‘A’, aged about 14 years, and victim ‘B’, aged about 17 years and 6 months, disclosed before him incidents of sexual abuse allegedly committed by the opposite parties during the period of Magh Mela, 2025–26, at Prayagraj. It is alleged that the acts complained of were committed under the guise of religious service and discipleship.”
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“The applicant has “further categorically alleged that the acts so complained of amount to penetrative sexual assault upon the victims,” the order added.
The order stated the inquiry report submitted by the Additional Commissioner of Police, Prayagraj, discloses that during the probe, independent witnesses as well as victim ‘A’ and victim ‘B’ were examined, and they categorically narrated the alleged incident of sexual assault, including penetrative assault, which allegedly occurred on January 18.
The report further discloses the victims as well as the independent witnesses also had their statements recorded through audio-video medium, and the said recordings form part of the record of the inquiry.
“The inquiry report further discloses details relating to the mobile number(s) and location pertaining to the alleged date of incident, and also refers to the statements of the victims and independent witnesses recorded by the inquiry officers, which form part of the inquiry record,” the order says.
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It further states, “Upon a careful and comprehensive perusal of the aforesaid the purported application, the statements of victim ‘A’ and Victim ‘B’, the statements of the independent witnesses, as well as the enquiry report submitted by the Additional Commissioner of Police, Prayagraj, this Court finds that:
— The allegations involve penetrative sexual assault, and that issues relating to the medical examination of the victims as well as the opposite parties may arise in accordance with law.
— It is also reflected that recovery and collection of evidence, including recording of statements of the victims and other witnesses, may be required.
It further appears that electronic, digital, and other forensic evidence, if any, may need to be collected and examined, and that such evidence may require verification of its authenticity through the Forensic Science Laboratory, in accordance with law.
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—The application further discloses that, in addition to the named opposite parties, two to three unidentified persons are also alleged to be involved in the occurrence, and that their identity and role are stated to require investigation.”
“The present application is disposed of in the light of the observations made herein above and deserves to be allowed, without expressing any opinion on the merits of the case,” the court ordered.
“It is clarified that this Court has not expressed any opinion on the merits of the case, and all issues are left open to be decided during investigation and the investigating agency shall act independently and strictly according to law,” it added.
