Supreme Court directs trial court to ensure presence of absconding Nithyananda during proceedings

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

A bench of Chief Justice S A Bobde and Justices B R Gavai and Surya, however, allowed a plea by K Lenin alias Nithya Dharmananda for cancellation of non-bailable warrants issued against him. Lenin is a former driver of Nithyananda and had filed a complaint against him.

The petitioner, represented by Ashwin Vaish and Raj Kishore Choudhary, challenged the validity of the Karnataka High Court's February 17 order.

"Having heard the counsel appearing for the petitioner and upon perusal of the record, 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," the bench said, in an order passed on Tuesday.

The petitioner, who had filed a complaint against Swami Nithyananda, voluntarily decided to appear before the trial court at Ramanagara district on March 4 for giving his evidence during the trial.

The top court also directed that "the concerned trial court shall make every effort to ensure the presence of accused to face the proceedings."

The Karnataka High Court had last month cancelled the bail granted to Swami Nithyananda, even as the state police claimed the absconding godman was on a 'spiritual tour'. Lenin sought cancellation of bail to Nithyananda on the ground that he had violated the conditions and fled the country, using an expired passport.

The 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 Swamy 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.