Prayagraj POCSO Court Directs Police to File FIR in Minor Exploitation Case
A special court designated under the Protection of Children from Sexual Offences (POCSO) Act in Prayagraj has issued a significant directive to local police authorities. On Saturday, the court ordered the registration of a First Information Report (FIR) against Swami Avimukteshwaranand and his disciple Swami Muktanand Giri. The case involves serious allegations of sexual exploitation of minor boys at a camp operated during the recently concluded Magh Mela in the city.
Court's Legal Observations and Directives
Presiding Judge Vinod Kumar Chaurasia delivered the order, specifically instructing the Jhunsi police station to register a criminal case and conduct a thorough investigation. The judge emphasized that the allegations presented disclose serious and specific instances of sexual assault against children. These allegations, according to the court, prima facie constitute cognizable offenses that fall under both the Protection of Children from Sexual Offences Act, 2012, and the newly enacted Bhartiya Nyaya Sanhita, 2023.
In his detailed observations, Judge Chaurasia stated, "Investigation of cognizable offences, particularly the offences of sexual assault upon children, is primarily the statutory obligation of the state through its police machinery. Accordingly, the court is satisfied that the present application under section 173 (4) of Bhartiya Nagrik Suraksha Sanhita, 2023 deserves to be allowed."
Background of the Petition and Allegations
The court order came in response to a petition filed by Shankuri Peethadheshwar Ashutosh Mahraj, who is also recognized as one of the plaintiffs in the prominent Krishna Janmabhoomi-Shahi Eidgah title dispute case. According to the petition, during the Magh Mela, two minor boys approached Ashutosh Mahraj while he was sitting in his own camp. The boys reportedly detailed their alleged sexual exploitation at the camp of Swami Avimukteshwaranand.
Deeply disturbed by these revelations, Ashutosh Mahraj immediately approached the Prayagraj police authorities, urging them to lodge an FIR against Swami Avimukteshwaranand. However, when no action was taken by the police, he escalated the matter by filing a formal petition before the POCSO court. His petition specifically requested the court to direct the police to register an FIR, ensuring that the allegations are properly investigated and a detailed report is filed accordingly.
Judicial Proceedings and Hearings
The POCSO court conducted comprehensive hearings on the matter. During these proceedings, the court sought a formal response from the opposite party, Swami Avimukteshwaranand, who submitted his response as required. The statement of the complainant, Ashutosh Mahraj, was also meticulously recorded before the court.
In a crucial development, the two minor boys, identified as the alleged victims in this case, were brought before the court. Their statements were recorded, adding significant weight to the allegations. After hearing all parties involved, the POCSO court reserved its order on February 14. The final order was pronounced on Saturday, February 21, culminating in the directive for police action.
This case highlights the judiciary's proactive role in addressing serious allegations of child sexual exploitation, particularly in sensitive religious and public gathering contexts like the Magh Mela. The court's insistence on police investigation underscores the legal imperative to protect minors and ensure justice in cases of alleged sexual offenses.
