In A setback for the 17th Karmapa, Ogyen Trinley Dorje, the Himachal Pradesh High Court on Wednesday set aside a lower court order to drop criminal prosecution against him in the 2011 case related to seizure of foreign currency and directed the state government to proceed against him. Allowing a petition filed by a Sikkim-based organisation, Denzong Nang-Ten Sung-Kyob Tsogpa, Justice Sureshwar Thakur said the reasons given for withdrawing prosecution against the Karmapa were untenable as there was sufficient material against him. “The said ground is legally unworthwhile as well as legally insignificant and it being accorded inappropriate/ unwarranted potency by the judicial magistrate, Una, in allowing the application of the state government under Section 321 of the CrPC, has caused immense jolt to the administration of criminal justice,” said 48-page order. [related-post] The court said the plea that the Karmapa was a “dharma guru” and has been granted political asylum by the Indian government was not justifiable in the backdrop of the evidence on record. It also did not appreciate the stand that prosecution against the Karmapa may cause a law and order problem and lead to strained relations between the Indian government and the Tibetan government in exile. “The petition is allowed. Consequently, the impugned order rendered on 21.05.2012 by judicial magistrate Una is quashed and set aside. The application filed by the state government for permission to withdraw prosecution against Karmapa (respondent no 3) is dismissed. The state government shall proceed in accordance with the law,” said the court. The case dates back to 2011, when the Una police intercepted a vehicle at Mehatpur barrier from which Rs 1 crore cash was reportedly recovered. Two persons, including the driver, were detained. Police investigations revealed that the cash was linked to a land deal, in which a trust headed by the Karmapa was involved. Raids were later carried out Gyuto Monastery, the seat of the Karmapa, near Dharamsala. Unaccounted foreign currency was reportedly recovered from the monastery. After over half-a-dozen arrests, the police filed a chargesheet in the court at Una. But in May 2012, the state government filed an application in the court to drop the charges and prosecution against Karmapa. The court allowed the plea on May 21, 2012.
