POCSO – Allahabad High Court Stays Arrest of Shankaracharya
POCSO – The Allahabad High Court on Friday granted interim relief to Jyotirmath Peetham Shankaracharya Swami Avimukteshwaranand Saraswati, staying his arrest in connection with a case registered under the Protection of Children from Sexual Offences Act. The court’s decision came after hearing arguments from both the defence and the prosecution, with the bench directing authorities not to take coercive action against him until further consideration of the matter.
Defence Questions Basis of FIR
Representing the Shankaracharya, advocate P.N. Mishra argued before the court that the allegations lacked substance and were supported by inconsistent documentation. Speaking to reporters after the hearing, Mishra stated that police records and related papers contained conflicting statements that undermined the credibility of the case.
According to the defence, these inconsistencies were significant enough to warrant protection from arrest. Mishra further said that objections were raised regarding the direct approach to the High Court, but the bench chose to focus on the merits of the arguments rather than procedural concerns. “The court carefully examined our submissions and granted interim protection,” he said, adding that the stay order would remain in effect while the anticipatory bail plea is under review.
Court Reserves Order on Bail Plea
While granting interim relief, the High Court also reserved its order on the anticipatory bail application filed by the Shankaracharya and his disciple, Pratyakchaitanya Mukundanand Giri. The bench indicated that a detailed order is expected in the coming weeks, with further hearings scheduled before a final determination is made.
The interim protection ensures that no immediate action will be taken by law enforcement authorities as the legal process continues. The court also directed the accused to cooperate with the ongoing investigation.
Shankaracharya Responds to Court Order
Addressing a press conference later in the day, Swami Avimukteshwaranand Saraswati described the court’s decision as a step toward justice. He reiterated that the allegations against him were unfounded and maintained that the legal proceedings would ultimately establish the truth.
“Our counsel presented our position before the bench, and after hearing both sides, the court granted relief by staying the arrest,” he said. He expressed confidence in the judicial process and stated that he had been prepared to present his case before the court from the outset.
The Shankaracharya also remarked that while faith in institutions can be tested during challenging times, he remained hopeful that fairness would prevail. He emphasized his willingness to cooperate with authorities and participate in the legal process.
Focus on Legal Scrutiny
The High Court’s order signals that the arguments raised by the defence merit closer judicial examination. By granting interim protection, the bench has ensured that the matter proceeds through established legal channels without immediate custodial action.
Legal experts note that a stay on arrest does not amount to a final judgment on the merits of the case. Instead, it provides temporary relief while the court evaluates the anticipatory bail application and reviews the evidence presented by both sides.
The case, registered under the POCSO Act, has drawn attention due to the religious stature of the accused. However, the court has confined its observations to procedural and evidentiary aspects, refraining from making any conclusive remarks at this stage.
Next Hearing Expected in March
According to court sources, the detailed order on the anticipatory bail plea is likely to be delivered in the third week of March. Until then, the interim stay on arrest will remain in force.
Authorities have been instructed to continue their investigation in accordance with the law, while ensuring compliance with the High Court’s directions. The matter will now proceed to the next stage of judicial scrutiny, where the court will assess whether anticipatory bail should be formally granted.