Shankaracharya Moves High Court for Anticipatory Bail in Prayagraj POCSO Case
In a significant legal development, Swami Avimukteshwaranand, the revered Shankaracharya of Jyotishpeeth, has filed an anticipatory bail plea in the Allahabad High Court. This move comes just two days after a First Information Report (FIR) was registered against him and his disciple, Mukudanand Brahmachari, under multiple sections of the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act. The case stems from serious allegations of sexual exploitation involving two minor boys at the seer's camp during the Magh Mela in Prayagraj.
FIR Lodged on POCSO Court Directives
The FIR was officially lodged at the Jhunsi police station in Prayagraj on Sunday, following explicit directives from a POCSO court. This judicial intervention was prompted by a petition filed by Shankuri Peethadheshwar Ashutosh Maharaj, a prominent plaintiff in the ongoing Krishna Janmabhoomi–Shahi Eidgah title dispute. In addition to Avimukteshwaranand and Mukundanand Brahmachari, the complaint also names three unidentified individuals, broadening the scope of the investigation.
Prior to submitting his anticipatory bail application to the High Court registry, Avimukteshwaranand formally served a notice to the office of the Government Advocate (GA) on Tuesday. This procedural step underscores the legal gravity of the situation as the seer seeks to avoid potential arrest while the investigation unfolds.
Allegations of Sexual Exploitation During Religious Events
Ashutosh Maharaj has leveled serious accusations against Avimukteshwaranand, alleging that the seer organized a 'maha yajna' at his camp during the Magh Mela. According to Maharaj, two minor boys approached him and reported being sexually exploited by Avimukteshwaranand. Furthermore, Maharaj claims that both minors were also subjected to sexual assault during the 2025 Maha Kumbh, indicating a pattern of alleged abuse spanning multiple religious gatherings.
Frustrated by the lack of response from Prayagraj police after initially seeking an FIR registration, Ashutosh Maharaj escalated the matter by approaching the POCSO court. He sought judicial directions to compel police action, leading to the court's involvement and subsequent order for an FIR.
POCSO Court's Detailed Observations and Investigation Scope
In its order dated February 21, the POCSO court made several critical observations based on a probe report submitted by the Prayagraj Assistant Commissioner of Police (ACP) and other collected materials. The court noted that the allegations disclose serious and specific accusations of aggravated penetrative sexual assault, which prima facie constitute cognizable offences under both the POCSO Act, 2012, and the Bharatiya Nyaya Sanhita (BNS), 2023.
The court emphasized that the case involves multifaceted aspects requiring thorough police investigation, including:
- Medical examinations of both victims and accused persons
- Collection and recovery of material evidence
- Identification and tracing of the three unidentified persons named in the complaint
- Forensic examination of electronic and digital evidence
- Verification of mobile location data
- Recording of statements from witnesses
The court explicitly stated that these investigative tasks squarely fall within the domain of police investigation and cannot be effectively undertaken by the complainant or through standard complaint procedures alone.
Legal Proceedings and Statements Recorded
During the legal proceedings, the POCSO court sought a response from Avimukteshwaranand, who complied by filing his submission accordingly. Additionally, the statement of Ashutosh Maharaj was formally recorded before the court. In a crucial development, the two minor boys were brought before the judicial authority, and their statements were also meticulously recorded, adding weight to the allegations and ensuring their voices are heard in the legal process.
This case highlights the intersection of religious authority, legal accountability, and child protection laws in India, with the Allahabad High Court now poised to decide on the anticipatory bail plea as investigations continue under the stringent provisions of the POCSO Act and BNS.
