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This is an archive article published on December 2, 2010

Supreme Court upholds HC ruling against Swami Sachchidanand

In A setback to Petlad-based Swami Sachchidanand,the Supreme Court has dismissed his Special Leave Petition challenging the Gujarat High Court order of initiating legal proceedings for alleged offences like murder and use of arms in connection with an incident which dates back to July 2006.

In A setback to Petlad-based Swami Sachchidanand,the Supreme Court has dismissed his Special Leave Petition (SLP) challenging the Gujarat High Court order of initiating legal proceedings for alleged offences like murder and use of arms in connection with an incident which dates back to July 2006.

The SC Bench of justices V S Sirpurkar and T S Thakur said: “We do not find any merit in this petition. The SLP is,accordingly,dismissed. But the trial court,while passing any order,shall not be influenced by any adverse observation made by the High Court in any of the proceedings.”

The issue relates to the alleged murder of one Babu Mohaniya at Sachchidanand’s ashram near Petlad on July 17,2006. Babu’s cousin,Dhana Mohaniya had filed a petition in the HC to initiate criminal proceedings against Sachchidanand.

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According to Dhana,Babu had gone to get some food from the ashram,but Sachchidanand’s followers insulted him,leading to a scuffle. Sachchidanand came out and shot Babu who died in Ahmedabad a few days later.

On his part,Sachchidanand has said that Babu had attempted a robbery at his ashram along with some of his accomplices. An FIR in this regard has already been registered and the police have submitted a chargesheet against the accused.

Dhana had lodged a complaint with the Petlad Judicial Magistrate First Class after the police failed to register any complaint against Sachchidanand and his followers with reference to the incident.

Dhana accused them of murder,violation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Arms Act.

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After the Petlad court rejected his complaint by an order dated September 12,2007,Dhana approached the HC,which allowed the petition ordering legal proceedings against Sachchidanand under the provisions of the Indian Penal Code and Arms Act. Now,the SC has upheld the HC ruling on the issue.

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