Murugha seer: HC asks trial court to refrain from pressing three charges till July 1

The High Court on Friday asked the trial court to “hold its hands” till July 1 insofar as framing charges against Murugha Mutt seer Shivamurthy Murugha Sharanaru for offences under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Religious Institution Prevention of Misuse Act and IPC Section 201 (destruction of evidence).

The court has also clarified that it is not a stay on the proceedings.

Justice M Nagaprasanna has posted the matter to June 15 to enable the state public prosecutor to file a statement of objections. The seer was sent to judicial custody on September 1, 2022, on criminal cases under the Pocso Act and other offences. In this petition, the seer has challenged the April 20, 2023, order for framing charges against him under IPC sections 376(2)(n), 376(DA), 376(3) and 201, various provisions of Pocso Act, Atrocities Act and Religious Institution Prevention of Misuse Act.

The petition stated that there is no overt allegation that the petitioner had committed the offence knowing the caste of the victim. “It is evident from the final report that there is no material to show that the petitioner has committed the offence as against the member of the Scheduled Caste community merely because she comes from such a community. As such the charge under the provisions of Section 3(2)(V) & Section 3(2) (v-a) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act is not sustainable,” the petition said.

It was further claimed that a coordinate bench of the high court, in the judgment passed on May 22, 2023 in connection with appointment of administrator to the mutt, had clearly stated that Religious Institution Prevention of Misuse Act is inapplicable. It was submitted that the trial court is proceeding to charge the seer under this enactment. It was also contended that there was no material for destruction/concealment of evidence.