2012 Persecution

Title

Relentless Persecution of HDH Nithyananda Paramshivam during 2012

Description

While the Supreme Pontiff of Hinduism was enriching the world with liberating cognitions by understanding of the universal truths and empowering the world with powerful initiations, He was being persecuted by the entire nexus of anti-Hindu forces operating through the executive-media-mafia axis. A baseless false case was foisted against His Divine Holiness on 4 March 2010 in the wake of a fabricated video depicting HDH in a derogatory manner that was spread virally over electronic and print media to whip up a huge hate campaign and incite mob violence and lynching against HDH through this concerted attack of character assassination and lawfare. The false case has been kept alive for over a decade now inspite of no victim, no evidence direct or circumstantial and instead enough exculpatory evidences collected but suppressed by the prosecution. The same false case was foisted by the anti-Hindu terrorists in USA also, where the case was dismissed as early as 2014 with heavy penalty of half million dollars on the false accusers.

2012 Attack Summary

False Victim

Timeline of Events in 2012 Persecution

Date	Events that happened during the day
2012-06-07 Thursday	Press meeting to reveal the truth about the false accuser. Media Mafia attack two times in a single day. Media mafia leader - Ajith - files a police complaint alleging that his belly was slapped.
2012-06-08 Friday	Second press meeting to reveal what was done during the previous day and tell the truth which could not be shown the day before. Media Mafia attacks again.
2012-06-09 Saturday	The Government (State Chief Minister) had ordered the district administration to come up with a detailed report, regarding to ​the situation in and around the premises of Nithyananda Ashram (monastery) in Bidadi
2012-06-10 Sunday	Media reports revealed that the State was planning to take over the aadheenam (temple-monastery).
2012-06-11 Monday	The Government orders Sealing of the aadheenam (temple monastery). The police execute the Search, Seal, Seize and Curfew order.
2012-06-12 Tuesday	The police continue to execute the Search, Seal, Seize and Curfew order.
2012-06-13 Wednesday	- HDH Nithyananda Paramashivam goes to the Court seeking anticipatory bail for the malicious FIR by Media Mafia Ajith. - HDH Nithyananda Paramashivam Counsel could not secure the anticipatory bail as the hearing was purposely adjourned for the next day. - The State Government file another false case, using a political justification propaganda alleging that HDH Nithyananda Paramashivam was a threat to peace and arrest Him.
2012-06-14 Thursday	Second illegal arrest immediately following by bail provided to HDH Nithyananda Paramashivam
2012-06-15 Thursday	Court grants Bail to HDH Nithyananda Paramashivam
2013-02-25 Monday	High Court delivers verdict condemning the illegal arrest of HDH Nithyananda Paramashivam and quashing the case framed against him

Preplanned attack on Devotees of HDH on 7th June

Pre-planned Evening attack by Media Mafia

Devotees Press Conference on 8th June

Victims arrest

Attack by Karnataka Chief Minister on 9th June

Media Reports of the strategy by State Government

Search, Seize, Seal and Enforce Curfew on 11th and 12th June

Illegal arrest of HDH Paramashivam on 13th June

Second Illegal arrest of HDH Paramashivam on 14th June after Bail

Bail provided for HDH Paramashivam on 15th June

High Court Verdict of 2012 Persecution

Blatant Misuse of Sections 107 and 151

The extremity of persecution and brutal attacks done on HDH, can be understood by observing the circumstances, the judicial laws and the foul play of the STATE POLICE. Section 107 deals with 'Security of keeping the peace in other case' and purports the power of the Executive Magistrate who has received information that a person is likely to commit breach of peach or disturb public tranquility in any way, and is of opinion that there is sufficient ground for proceeding, he may require such a person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period, not exceeding one year.

Section 107 does vest any power in the hands of the police to arrest.
Section 151 of Cr.P.C. deals with 'Arrest to prevent the commission of cognizable offences. According to this:

• A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
• directs that 'No person arrested under sub-section (1) shall be detained in custody for a period exceeding 24 hours from the time of his arrest unless his further detention is required or authorized under any other provisions of this code or of any other law for the time being in force.

Abuse of the powers under sections 107 and 151

• Historically, preventive arrest was notoriously used in India during British rule under the Bengal Regulation - III of 1818 (The Bengal State Prisoners Regulation) which empowered the government to details or arrest anybody on mere suspicion
• For instance, the arrest of Anna Hazare on August 2011 under section 1071 and 151 was unconstitutional, against democratic principles and similar to the situation during National Emergency, by the retired IPS Officer - Kiran Bedi (also Alumni of Faculty of Law, DU)
• Section 107 is a preventive section and not Punitive, hence there is no strong and legal ground for incarcerating a person unless there is no strong and legal grounds for incarcerating a person unless there has been an in-depth scrutiny of facts. In the case of His Divine Holiness, there was no scrutiny of Facts by District Magistrate, it was straight unlawful use of Section 107 Cr Pc.

Habeas Corpus petition for release of HDH Nithyananda Paramashivam

WPHC No. 108/2012
In the High Court of Karnataka at Bangalore, Writ Petition Habeas Corpus No. 108 of 2012, Valli Ramanathan versus 1) Commisioner of Police, Bangalore City 2) Deputy Commissioner, Ramanagara District 3) Superintendent of Police, Ramanagara 4) Station House Officer, Bidadi Police Station
Original order copy from official High Court Website
Original order copy from third party website

High Court verdict on His Divine Holiness vs State of Karnataka & Shivraj.K.

CRL.P. 2973 of 2012
In the High Court of Karnataka at Bangalore, Criminal Petition No. 2973 of 2012, Sri Nithyananda Swamiji versus (1) DState of Karnataka, Bidadi Police Station, (2) Shivraj.K. President, Karnataka Nava Niramana Sene, Order date - 25 February 2013
Original order copy from official High Court Website
Original order copy from third party website

High Court verdict on His Divine Holiness vs State of Karnataka & Ajit Hanamakkanavar

Crl.P. 2974/2012 In the High Court of Karnataka at Bangalore, Criminal Petition No. 2974 of 2012, Sri Nithyananda Swamiji versus (1) DState of Karnataka, Bidadi Police Station, (2) Ajith Hanamakkanavar, Suvarna News Order date - 15 March 2013
Original order copy from official High Court Website
The excerpts of the said order clearly highlight the illegality of the proceedings against His Divine Holiness by the State.

High Court verdict on His Divine Holiness vs District Magistrate & State of Karnataka

High court quashes FIR against HDH Nithyananda Paramshivam and terms detention as Contrary to the Law CRL.P. 3253 of 2012
In the High Court of Karnataka at Bangalore, Criminal Petition No. 3253 of 2012, Sri Nithyananda Swamiji versus (1) District Magistrate And Deputy Commissioner (Ramanagar District), (2) State of Karnataka, Bidadi Police Station, Order date - 25 February 2013
Original order copy from official High Court Website
Original order copy from third party website

Lawfare Summary

WHAT THEY SAID	WHAT ACTUALLY HAPPENED
His Divine Holiness is disrupting peace of the public	Peace was disturbed inside His Divine Holiness own home. His home was vandalized and sealed
His Divine Holiness is "Law and Order situation" for public	Persecutors strategize and created Law and Order Situation for His Divine Holiness
His Divine Holiness is source of attacks	Media-militant nexus is the source of the attacks and His Divine holiness is the Victim
His Divine Holiness is was a threat and interference to the public	The Perpetrators were a threat and interference to His Divine holiness life
Entire State of Karnataka was suffering a "Law and Order Situation" because of His Divine Holiness. Therefore he needs to be arrested and put in jailed	His Divine holiness Premises was attacked by conspirators, each time and yet, neither he was protected nor they were arrested. Instead His Divine Holiness and His Disciples were arrested.
They arrested His Divine Holiness saying "we may create law and order situation" for the PUBLIC	They are ones who created the "Law and order situation" for His Divine Holiness in PRIVATE, that too by attacking him and his disciples.