Lucknow (Uttar Pradesh) [India], February 23 : Uttar Pradesh Congress President Ajay Rai on Monday wrote to Prime Minister Narendra Modi seeking an independent and impartial investigation into a case registered against Shankaracharya Swami Avimukteshwarananda Saraswati under Protection of Children from Sexual Offences (POCSO) Act.
He also urged that the probe be handed over to a central or independent agency to ensure transparency.
In his letter, Rai requested the Prime Minister to ensure an "independent, impartial, and transparent investigation" into the case filed under the POCSO Act at Jhusi police station in Prayagraj, and to protect "the constitutional dignity of religious autonomy."
Referring to media reports, Rai wrote, "You are likely aware from reports published in various media outlets recently that an FIR has been filed under the POCSO Act against Shankaracharya Swami Avimukteshwarananda Saraswati of the Jyotirmath Peetha. It has also been reported that the FIR was filed in compliance with court orders. It is the duty of every citizen and the government to respect court orders."
However, he added that "The circumstances and broader perspective surrounding this case have raised serious questions and concerns in society."
Rai pointed out that Swamiji had earlier publicly questioned the Uttar Pradesh government's administrative arrangements in connection with the stampede at the Maha Kumbh Mela.
"Subsequently, incidents of him being prevented from bathing at the Magh Mela and alleged mistreatment of the monks accompanying him also came to light, sparking widespread criticism. In this context, the timing of the current criminal proceedings has naturally become a subject of public debate," the letter stated.
Calling for scrutiny of the complainants as well, Rai said, "It is also crucial that the background of the individuals filing the FIR, their circumstances, and possible motivating factors be impartially examined. If this case is the result of a fully legal and independent criminal process, a transparent investigation will automatically establish the truth; however, if there is any suspicion of political motivation, pressure, or malicious intent, its timely resolution is equally essential."
He stressed that "only an investigation, supervised by an independent or central agency, if necessary, can strengthen public confidence."
Citing constitutional provisions, Rai noted that Articles 25 and 26 of the Indian Constitution guarantee religious freedom and the fundamental right of religious sects to manage their own affairs. "The position of Shankaracharya is one of the highest spiritual positions in the Sanatan tradition, whose validity and tradition are determined by historical religious practices," he wrote.
He further said that Supreme Court judgments have clarified that "judicial intervention is justified if criminal proceedings prima facie appear to be malicious or vindictive" and that "criminal law cannot be used as a tool of repression or retaliation."
"Clearly, dissent or criticism cannot be suppressed by punitive power," Rai wrote, adding that the criminal process must be "impartial, independent, and completely free from political influence," and that state power should not be used "to influence or damage the reputation of any spiritual leader."
Rai further added, "If the circumstances arising against a top religious leader create the perception that there is an unnecessary conflict between the government and the spiritual tradition, it could generate discontent and anguish among the wider religious community. Timely resolution of any such apprehension is essential for the sake of democratic balance and social harmony."
He also said that "questions are being raised in Indian society as to whether the actions being taken by the Uttar Pradesh government under the leadership of Yogi Adityanath are motivated by unnecessary harshness or vindictiveness."
"This issue is not just about one individual, but also concerns faith, constitutional rights, and the impartiality of governance. The people of the country deserve confidence that the rule of law is supreme in India and that abuses of any kind will not be protected. We look forward to your prompt intervention," the letter read.
Last week, an FIR was lodged at Jhunsi police station against Jyotish Peeth Shankaracharya Swami Avimukteshwaranand Saraswati, his disciple Mukundanand Brahmachari, and others following directions from a Special Court under the POCSO Act.
The FIR has been filed under Section 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, along with Sections 3, 4(2), 6, 16, 17 and 51 of the Protection of Children from Sexual Offences Act, 2012.
The allegations relate to incidents said to have occurred between January 13, 2025 and February 15, 2026. The complaint contains serious charges concerning sexual offences involving minors.
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