Black Magic Act excludes legitimate religious practices, law meant to curb harmful customs: Bombay HC

In observing so, the HC upheld the order of a Magistrate court in Pune that discharged Gujarat-based self-styled godman Ramesh Madhukar Modak alias Shivkrupanand Swami. He was accused of promoting black magic under the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, commonly known as Black Magic Act.

On April 2, a single-judge bench of Justice Rajesh N Laddha on passed an order on a plea challenging a magistrate court’s order, filed by Pune resident Rohan Vishwas Kulkarni, who had complained against Modak. Kulkarni and the state government challenged the magistrate’s order discharging Modak.
As per prosecution, on May 1, 2011, Kulkarni was informed about Modak and his spiritual activities, after which, in June, 2012, he attended a day-long workshop of Modak’s at Shivajinagar in Pune.

During the said workshop, Modak had allegedly claimed to possess extraordinary spiritual powers that allowed him to guide young people in making career choices by foreseeing their future.

Later Kulkarni travelled to Navsari, Gujarat to meet Modak, where the former was denied a personal meeting.

In 2013, Kulkarni attended an eight-day workshop in Pune, however, to his dismay, Modak was not physically present at the event and he was told that Modak would communicate through his powers and “subtle body”.

The event organisers allegedly told attendees that Modak would deliver a two-hour discourse everyday via audio-visual compact disk (CD) containing pre-recorded material. The CD was sold for Rs 250.

As per prosecution, the organisers falsely claimed that the powers would manifest through the video recording on the CD and that the accused’s abilities also blessed the CD.

Kulkarni later did a 45-day mediation course, which allegedly caused him mental and physical distress.

Advocate Arjun Kadam for Kulkarni submitted that in 2014, he had filed a complaint against Modak and his associate Narendra Patil that they had cheated him through a workshop.

The magistrate court in March, 2020 discharged Modak noting that allegations against him did not constitute an offence under the 2013 Act.

Representing Modak, advocate Siddharth Sutaria opposed Kulkarni’s plea arguing that the alleged seminar, where the CD was allegedly played, took place in 2012, prior to the enforcement of the Black Magic Act.

“Upon carefully evaluating the records, it becomes evident that the informant had no direct interaction with the accused and voluntarily attended the seminars where the alleged CD was played. It is undisputed that the accused did not organise these seminars,” the HC observed.

Dismissing pleas against the magistrate’s discharge order, the HC added that there was nothing to show that Modak was publisher of the CD or owner of the store from where it was published.