The trial court in Madurai, in another stunning turn of events, dismissed the case by the Government body HR&CE against Swami Nithyananda and the Madurai Adheenam. The Government had filed this case without merit in 2012 to use it as a threat to move Swami Nithyananda illegally out of the Madurai Adheenam. They have since then not participated in the trial process.
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Recently the High Court of Madurai in a strong ruling ordered that Swami Nithyananda must be impleaded into the case against him and that the Government could not illegally hold the case against him without giving him a chance to defend himself. In flagrant violation of the High Court Order the HR&CE refused to amend the plaint to include Swami Nithyananda and in return the Hon’ble Principal Sub Judge, Madurai dismissed the plaint for default. “Steps to amend the plaint not taken. Sufficient opportunity already given” he said in the concise order issued on the matter.
Timeline of Events
11 Aug 2018: OS 1000 of 2012 Principal Sub Judge Madurai:
- Case dismissed for default
- Observed that the Government had not responded to include Swami Nithyananda in-spite of sufficient opportunity given
02 Aug 2018: CRL OP 13323 of 2017: High Court of Madras at Madurai
- Allowed Swami Nithyananda Police protection to perform Pujas and rituals in the Adheenam
10 Jul 2018: CRP 818 of 2018 High Court of Madras at Madurai:
- Maintained Swami Nithyananda IS the Junior Pontiff of the Madurai Adheenam
- That his appointment was irrevocable as the customs don’t provide for revoking
- No one else could be appointed as Junior after his appointment
- And ordered the HRCE to implead him into the case filed against him
13 May 2018: CMP 4642 against WP 19004 of 2017 High Court of Madras at Madurai:
- Stayed the order restricting Swami Nithyananda from entering the Madurai Adheenam
19 Oct 2012: Newspaper Advertisement
- In response to the threat of the Government, the current Pontiff illegally issued an advt claiming he had revoked the appointment of Swami Nithyananda. Such a unilateral revocation without cause is not allowed by law and against the rules and customs of the Madurai Adheenam.
18 Oct 2012: OS 1000 of 2012 Principal Sub Judge Madurai:
- The HRCE filed a suit against the 292nd Pontiff to pressurize him illegally to revoke the appointment of Swami Nithyananda as the Junior Pontiff. The Supreme Court and the Madras High Court have in numerous decisions held that the appointment of a Junior Pontiff is a purely religious matter and outside the scope of the HR&CE
27 Apr 2012: Swami Nithyananda Appointed
- Swami Nithyananda was appointed as Junior Pontiff of the Madurai Adheenam in a very public event and the Senior had showered glowing praises on Swami Nithyananda as the most qualified person to head the Adheenam and as an incarnation of Thirugnanasambandar, the Saint who revived the Adheenam 1500 years ago.
Earlier, last month, the High Court had passed another order in the favour of Swami Nithyananda where it recognized him as the Junior Pontiff of the Madurai Adheenam and allowed him to be impleaded in the case filed by the Hindu Religious and Charitable Endowments board against the Madurai Adheenam Mutt. While Swami Nithyananda has been very evidently and publicly the target of the case filed by the HR&CE he was, paradoxically, not allowed to participate in the trial and the case had proceeded only between the Government and the current pontiff, the 292nd Guru Maha Sannidhanam.
The Hon’ble High Court had further recognized Swami Nithyananda’s status as the Junior Pontiff of the Mutt noting that “from the perusal of the records available in the typed set of papers and the scheme document enclosed herein it is clear that the customary practice enumerated therein does not have a clause for the removal of the Junior Pontiff” and that Acharya Abhishekam (one of the rituals required to anoint a person as Junior Pontiff) could be performed by a Pontiff only once in his lifetime and only to one person and hence no one else could be appointed subsequent to Swami Nithyananda as the Junior Pontiff. The Court hence concluded that his appointment was irrevocable and hence he was the Junior Pontiff and successor to the 2nd Respondent, the 292nd Pontiff.
The Hon’ble High Court in the previous ruling had taken the Government to task and observed that the learned Addl. Govt. Pleader has not submitted any evidence regarding the allegations of criminal cases or convictions against Swami Nithyananda though that was the basis on which his removal was sought by the Government.
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