LUCKNOW, UTTAR PRADESH – The Allahabad High Court, on October 26, 2022, granted interim protection from arrest to Swami Avimukteshwaranand Saraswati in connection with a case registered under the Protection of Children from Sexual Offences (POCSO) Act. The order, issued by a division bench comprising Justice Arvind Kumar Mishra-I and Justice Ram Manohar Narayan Mishra, mandates that no coercive action be taken against Swami Avimukteshwaranand until the next date of hearing, provided he cooperates with the ongoing police investigation.

The First Information Report (FIR) in the case was lodged on October 1, 2022, at the Gomtinagar police station in Lucknow. It was filed under several sections of the Indian Penal Code (IPC), including 376 (rape), 376D (gang rape), 342 (wrongful confinement), and 506 (criminal intimidation), alongside sections 3/4 and 5/6 of the POCSO Act. The FIR named Swami Avimukteshwaranand and three other individuals.

During the court proceedings, counsel representing Swami Avimukteshwaranand argued that the spiritual leader had been falsely implicated in the case. The defense further contended that the complainant had made contradictory statements, which, they argued, cast doubt on the veracity of the allegations. The petitioner's legal team also highlighted Swami Avimukteshwaranand's public stature as a prominent religious leader and the head of a monastic seat (pithadheeshwar).

The High Court, after hearing arguments from both sides, directed Swami Avimukteshwaranand to fully cooperate with the investigating officer (IO) and to appear before the IO as and when required for questioning or any other investigative procedure. This directive ensures that while the petitioner is protected from immediate arrest, the investigation into the serious allegations can proceed unimpeded.

The court's interim order is a temporary measure designed to allow for further examination of the facts without immediate deprivation of liberty. Such stays on arrest are typically granted when a court believes there is a prima facie case for reviewing the arrest warrant or the grounds for arrest, often in cases where the accused claims false implication or procedural irregularities.

Key aspects of the court's order include:

  • Interim Protection: Swami Avimukteshwaranand is protected from arrest until the next hearing.
  • Cooperation Mandate: He must cooperate fully with the investigation and appear before the IO when summoned.
  • Investigative Report: The Investigating Officer has been directed to submit a progress report on the investigation to the court by the next hearing date.

The next hearing for the case has been scheduled for November 28, 2022. Until then, the Lucknow police are expected to continue their investigation into the allegations, with Swami Avimukteshwaranand's cooperation, and present their findings to the High Court as directed. The legal process is ongoing, and the High Court will review the matter based on the evidence presented and the progress of the investigation.