SC directs trial court to ensure presence of absconding Swamy Nithyananda

The Supreme Court has directed a trial court to ensure absconding self-styled godman Swamy Nithyananda would be produced to face the proceedings in a 2010 rape case.

Nithyananda has been elusive ever since in November, 2019 two girls allegedly went missing from his ashram in Ahmedabad. Reports emerged claiming he has set up his own 'Hindu nation', Kailaasa, on an island near Ecuador.

On Tuesday, former driver of Nithyananda, K Lenin approached the top court against a non-bailable warrant issued against him in a case filed by him.

He also said though the Karnataka HC on February 5 had cancelled the bail granted to Nithyanand, on February 17 it had failed to transfer the trial from Ramanagar to a Bengaluru court.

A bench of Chief Justice S A Bobde and Justices B R Gavai and Surya allowed the plea by Lenin alias Nithya Dharmananda for the cancellation of non-bailable warrants issued against him.

The petitioner, represented by Ashwin Vaish and Raj Kishore Choudhary, voluntarily decided to appear before the trial court at Ramanagara district on March 4 for giving his evidence during the trial.

After hearing the counsel and going through the record, the bench said, “We see no reason to interfere with the judgment and order passed by the High Court which merely directs the petitioner to give evidence in support of his complaint."

In its order, the top court also said, "the concerned trial court shall make every effort to ensure the presence of accused to face the proceedings."

The Karnataka HC cancelled the bail granted to Swamy Nithyananda, even as the state police claimed the absconding godman was on a 'spiritual tour'. Lenin contended that Nithyananda violated the bail conditions and fled the country, using expired passport.

41-year-old, Nithyananda, who established an ashram near Bengaluru, and various other places all over the world, faced charges for the offences of rape and indulging in unnatural sex. He was arrested on April 22, 2010. He was, however, granted bail on June 11, 2010.

The case was registered in the matter after a CD purportedly involving Malayalam actress Ranjitha Menon, with Nithyananda had surfaced. The actress, however, had claimed she was not at all involved in the act and her picture was morphed. However, a former follower came forward to make allegations of rape and unnatural sex.