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IN THE COURT OF THE HON’BLE CIVIL JUDGE & JMFC,
RAMANAGAR
P.C.R.No.
C.C.No.
/2013
/2013
BETWEEN:
Sri.Nithyananda Swamy,
Formerly known as Tiru Rajashekaran,
Aged 34 years,
S/o Sri.Arunachalam,
Resident of Nithyananda Dhyana Peetam,
Nithyanandapuri, Kallugoppanahalli Village,
Bidadi Hobli,
Ramanagar District.
AND
1. Suvarna News 24 x 7,
Kannada News Channel,
No.204, Embassy Square,
No.148, Infantry Road,
Bangalore – 560 001,
Rep. by its Chief Editor
Vishweshwara Bhatta.
2. Vishweshwara Bhatta,
Chief Editor,
Suvarna News 24 x 7,
Kannada News Channel,
No.204, Embassy Square,
No.148, Infantry Road,
Bangalore – 560 001.
3. Ranganath Bharadwaj,
News Editor/Anchor,
Suvarna News 24 x 7,
Kannada News Channel,
No.204, Embassy Square,
No.148, Infantry Road,
Bangalore – 560 001.
..
COMPLAINANT
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4. Ajit Hanumakkanavar,
Crime Reporter,
Suvarna News 24 x 7,
Kannada News Channel,
No.204, Embassy Square,
No.148, Infantry Road,
Bangalore – 560 001.
5. Arathi Rao,
Major in age,
A-2, Grace Garden Apartments,
Hennur Main Road,
Bangalore-560 043.
..
ACCUSED
Under Section 200 of the Code of Criminal Procedure, the
complainant above named humbly begs to state as follows:
1.
The complainant is a spiritual leader who is loved and respected by
millions of people and revered by his disciples all over the world. The
spiritual activities of the complainant is spread to more than 150
countries. He is also one among the hundred most spiritually influential
persons in the world as stated by WATKINS which is the world’s largest
and oldest spiritual magazine.
2.
The complainant has been giving spiritual discourses and the same
is being viewed by more than 14 million people across the world. The
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complainant as a teacher of meditation and yoga has more than 10
million followers across the globe.
3.
The complainant has authored and published around 300 books
on various aspects of spirituality which are translated into 27 languages.
He has set-up more than a dozen Vedic temples across the world. In the
temples set-up by him, more than 3,720 dieties are installed. He has
also established satsang centers in over 1000 locations and about 30
Ashrams in different parts of the world.
The satsang centers and
ashrams set-up by him are in India, Singapore, Malaysia, Canada, USA,
France, England, New Zealand, Australia, Nepal, Srilanka etc.
4.
The complainant has initiated over 900 spiritual leaders across the
world. There are more than 1000 full time volunteers working for him
and his Ashram. The complainant has given discourses for more than
2000 hours and the same is being watched on U Tube/internet having
more than 40 million viewers world wide.
5.
The complainant has recently been corronated as the 293rd Guru
Maha Sannidhanam (the pontiff) of Madurai Adinum, Tamil Nadu State.
The
Madurai
Adinum
is
the
oldest
Hindu
religious
institution/organisation in the world.
(a) The complainant recently came to be appointed as the 44th
Maha Mandaleshwara of Mahanirvana Peeta, Haridwar and Allahabad,
U.P. State.
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6.
The complainant has also been rendering yeoman service to the
society at large by establishing religious and philanthropic institutions.
He is also closely attached to the institutions set-up by him in one
capacity or the other.
Charitable
Trust
and
He is the Managing Trustee of Dhyanapeeta
Nithya
Dhyana
Trust
and
Trustee
Nithyanandeshwara Trust and Nithya Anna Mandira Trust.
of
All the
religious, charitable and philanthropic institutions set-up by the
complainant have their registered office at Nithyananda Dhyana Peetam,
Kallugoppanahalli Village, Bidadi Hobli, Ramanagar Taluk.
(a) The complainant has also been running Nithyananda Gurukul
in which institution, he has been imparting education to the students not
only in Hindu Vedic curriculum but also in science, arts among various
other subjects with the main intention of grooming the children to
become enlightened citizens of the country.
(b) The complainant has also set-up around six Nithyananda
Vidyalaya in India and USA.
7.
The complainant, through the Trust that he has set-up, has been
serving food everyday to about 500 people who are poor and down
trodden.
He has also been organising medical camps by taking the
assistance of specialists in various medical fields to provide medical aid
and assistance to the needy, poor and deserving not only in and around
Bidadi but also in other parts of the country.
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8.
The first accused is a Kannada News channel which is registered
under the provisions of the Press and Registration of Books Act.
It
produces, telecasts and beams Kannada News and other programmes
from Bangalore. The Journalistic activities of the first accused is being
run and manned by the second accused who is its Chief Edictor. The
accused 2 to 4 in the field of Journalism are popularly known and called
as “The Three Musketeers. They have been in the habit of flying from one
institution to the other every now and then for reasons which are
inexplicable and being known to them. The second accused is the Chief
Editor of the first accused TV Channel and in that capacity, he is
completely responsible for the production, editing and telecasting of all
the programmes that are beamed from the said Kannada TV Channel.
The third is an Anchor and News Reader of the news and programmes
that are beamed/telecast in the said Kannada TV Channel. The fourth
accused is the Crime Reporter of the said Kannada TV Channel. The fifth
accused who claim for herself to be a former disciple, has given
interviews
and
made
statements/false
accusations
against
the
complainant in the news/programmes of the said Kannda TV Channel.
9.
The complainant came to be falsely lugged into a criminal case in a
complaint filed by a certain Lenin of the State of Tamil Nadu who has
been acting at the behest of certain hidden hands. The fourth accused
against whom the Nithyananda Dhyana Peetam has filed cases in U.S.A
has joined hands with the said Lenin to support and strengthen his case
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and has been issuing television interviews against the complainant in
order to arm-twist the complainant to enter into terms with her for her
advantage in her litigation in U.S.A.
10.
The second to fourth accused who are producing, managing,
editing, presenting, anchoring and telecasting programmes on the said
Kannada TV Channel in one capacity or the other, have joined hands and
conspired with certain persons behind the scene and in particular, with
the with the fifth accused to tarnish the image, reputation and the
spiritual standing of the complainant and to malign and defame him in
the eyes of one and all, especially his disciples and spiritually inclined
people who have been attending the discourses of the complainant in
large numbers.
The accused, to put their conspiracy into action have
been continuously and consistently beaming programmes and news
items projecting the complainant in bad light terming him as a Sex
Swamy and are tarnishing his tall image and reputation as a spiritual
leader.
The
accused
have
been
beaming/telecasting
such
programmes/news items under various titles such as “Nithya Naraka”,
“Nithya
Adhipatya”,
“Special
Report
–
Nithya
Naraka”,
“Nithya
Sittagidyake”, “Nithyaninda Nondavara Kathe”, “Nithya Jailege”, “Entha
Marulayya”, “Paramashiva” “Suvarna Suddi”, “Nithyana Nanju”, “CM
Virudavve Casu” “Nithya Gadiparu”, “Suvarna Suddhi”, “Nithyana
Mankuboodhi”, Nithya Rahasya”, “Arathi Helida Nithya Kathe”, “Thappu
Oppu”, “Nithyanige
Test”, “Suvarna Suddhi”, “Cinema Hangama”,
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“Thalaharate Tarale”, “Arathi Antarala”, “20 Prashne Uttara”, “Nithya
Bandamele”, “Fatafat Suddhi”, “Swamy alla Kami”, “Nithya Fashion, “Jilla
Junction”, Lenin Dharmananda Enantare”, Nithya Sullu”, “Nithya
Ranjitha”, news programmes etc.,
The said programmes are being
telecast from 05.06.2012 and continues even to this day.
(a) In the said programme, the accused have titled and made a
suggestive remarks that the complainant is a bogus person without
spiritual knowledge and that he is not a spiritual Guru but a Sex Guru.
During the course of the programme, the accused have also presented
and telecast the photographs of the complainant which are taken in the
private programmes of the Ashram which are not meant for public with
the sole object of tarnishing the image of the complainant and his
disciples and to belittle them in the eyes of his disciples, followers and
the public at large.
(b)
The
comments/statements/narrations/allegations
made,
anchored, edited and telecasted by the accused in the above said
programmes/news items, would give an ordinary viewer an impression
that the complainant has committed criminal acts and that he is a man
without proper spiritual knowledge and that he is misusing his saffron
robes for sexual acts and that he indulges in unnatural sexual activities
and that he is a sexual meniac with no moral values etc.
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11.
The
above
said
comments/statements/narrations/allegations
made, anchored, edited and telecasted by the accused are motivated,
wanton, deliberate, totally false and mischievous one. The accused have
made the same knowing fully well that they are false and far from truth
and only to create a false image of the complainant and to defame him in
the eyes of one and all especially his disciples and followers and to
prejudice, if possible the defence which the complainant has been
projecting in his case before the Court of law where the matter is being
looked into.
The statements/allegations made by the accused besides
being false, are unwarranted and while doing so, the accused have
chosen to project themselves as the champions of the cause of the public
forgetting for a moment that they are virtually into yellow Journalism.
(a) In the said programmes, the accused have also cast aspersions
on the character and conduct of the complainant knowing fully well that
what they are stating is absolutely false. The complainant/his disciples
recorded the programmes which came to be telecasted by the first
accused Kannada News channel under various captions and on various
dates on a Compact Disc.
The complainant produces herewith the
Compact Discs and their transcripts for reference.
The complainant
prays these two exhibits be read and recorded as part of this complaint.
Since the Compact Discs and the transcripts are produced, the
complainant has not reproduced the entire contents of the above said
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programmes, although he has cryptically made a mention of what it
contains.
12.
During the course of the programmes which came to be telecasted,
the accused have gone to the extent of describing him as a person
without proper spiritual foundation and knowledge and that he is only a
sex oriented person.
The accused have presumably to cause further
damage to the complainant have roped in certain disgruntled elements
who were removed from the Ashrams of the complainant and have
instigated them to make derogatory comments against the complainant
and have beamed the same.
13.
The comments/statements/narrations/allegations made by the
sixth accused are produced, edited, anchored, reported and telecasted by
the second to routh accused by conspiring with one another. Ever since
the accused have beamed/telecasted the above programmes, the
complainant, his disciples and followers are put to untold mental agony.
It has also ruined the spiritual standing, image and reputation of not
only the complainant but also the Ashrams and the institutions that he
has built up. The complainant, his disciples and followers are spending
sleepless nights as the spiritual standing, moral uprightness, character
and conduct of the complainant has been questioned and has become a
topic of public discussion. The mental agony to which the complainant is
subjected to, is unimaginable besides being incalculable.
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14.
The comments/statements/narrations/allegations made by the
accused and which came to be telecasted in the programmes on the
Kannada Television Channel, Suvarna News 24 x 7 which are wanton,
motivated, deliberate and mischievous have caused incalculable damage
to the complainant and his institutions and the damage so caused
cannot be measured and compensated in terms of currency.
The
complainant, however restricts the same to a notional figure of Rupees
1,00,00,000/- (Rupees One Crore only).
15.
A case similar to the case on hand came up before the Hon’ble
High Court of Karnataka, Bangalore in W.P.No.33082/2004 (PIL) and the
Hon’ble High Court of Karnataka, Bangalore was pleased to order that :
“The respondents – TV channels are directed not to televise any
matter in their programme Crime Story or Crime Diary in respect of
matters which are being investigated by the police having been filed or in
respect of matters which are pending before the criminal courts which
tend to prejudice either the case of the accused or that of the
prosecution”
From the above order of the Hon’ble High Court of Karnataka,
Bangalore, it is clear that the private channels are restrained from
making any comments/judgments when the matters are subjudice. The
above order of the Hon’ble High Court of Karnataka, Bangalore is also
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very much binding on the first accused Kannada Television Channel,
Suvarna News 24 x 7 as well as the fifth accused.
16.
It is also pertinent to state that the complainant has also filed a
suit in O.S.No.2336/2012 before the City Civil Judge at Bangalore for a
permanent injunction against the first accused restraining it from
exhibiting, broadcasting or telecasting programmes, reports, clippings,
visuals etc., referring to the complainant filed against him by Lenin, in
any manner, as the same is pending before the Court, as such a
broadcast/telecast/programme would cause prejudice in the minds of
the general public and the devotees.
(a) The Hon’ble City Civil Court before which the Suit is filed, was
pleased to grant an ad-interim order of temporary injunction in the above
said
Civil
suit
against
telecasting/broadcasting
the
any
first
accused
restraining
article/programme
pertaining
it
to
from
the
complainant vide order dated 02-04-2012 filed by Lenin. A copy of the
interlocutory application and the order passed by the Court are produced
herewith for ready reference.
17.
and
Despite the restraint order, the accused have wilfully, intentionally
deliberately
floated
the
order
of
the
court
by
telecasting/broadcasting the above said programmes and repeated the
same programmes many times with the sold object of maligning an
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defaming the complainant and to cause incalculable harm and damage to
the tall image and reputation of the complainant and his institutions.
18.
From the course of their conduct, in conspiring and making per se
defamatory, comments/statements/narrations/allegations, knowing or
having
reason
to
believe
that
the
said
comments/statement/
narration/allegations are false and far from Truth and with dishonest
intention to maligning the complainant, obviously with oblique motives,
the first to fifth accused have committed serious offences punishable
under Section 500 read with Section 120-B of the Indian Penal Code,
thus making themselves liable to be secured, dealt with and punished
accordingly.
20.
Although the damage caused to the complainant consequent to the
defamatory publication is not measurable and cannot be quantified
under the caption pecuniary loss, the complainant modestly estimated
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the same for a paltry sum of Rs.1,00,00,000/- (Rupees One Crore only).
Since he does not wish or desire to receive any amount from the accused
towards the damages for his personal benefit, he would use and utilise or
donate
the
same
for
any
spiritual.
Charitable,
Educational
or
philanthropic activities that is being done by any of the Institutions in
this State. The complainant only wants the accused to be punished for
the criminal offences so committed by them.
Therefore, the complainant above named humbly prays that this Hon’ble
Court be pleased to secure the accused and deal with them in accordance
with law for offences punishable under Section 500 read with Section 120-B
of Indian Penal Code and further be pleased to direct the accused to pay to
the complainant either jointly or severally a sum of Rupee 1,00,00,000/(Rupees One Crore only) as compensation to the injury, agony and suffering
caused to the complainant by their wanton,
wilful and mischievous act, in the exercise of the jurisdiction vested
under Section 357 of the Criminal Procedure Code, in the ends of justice.
Ramanagar.
Date:
-03-2013
COMPLAINANT
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LIST OF DOCUMENTS
1. Defamatory Clips aired on Suvarna News
2. Clips of Ms. Aarthi Rao’s interviews given to Suvarna News
3. Transcripts of news clips on Suvarna News
Additional list of documents will be produced in due course
LIST OF WITNESSES:
1. Ma Nithya Achalananda
r/o Nithyananda Dhyanapeetam,
Nithyanandapuri,
Kallugopahalli,
Off Mysore Road,
Bidadi – 562109, Karnataka
2. Sri Nithya Atmaprabhananda
r/o Nithyananda Dhyanapeetam,
Nithyanandapuri,
Kallugopahalli,
Off Mysore Road,
Bidadi – 562109, Karnataka
3. Sairam Muthuswamy
r/o Nithyananda Dhyanapeetam,
Nithyanandapuri,
Kallugopahalli,
Off Mysore Road,
Bidadi – 562109, Karnataka
Additional List of Witnesses will be produced in due course.
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Ramanagar.
Dated:
-03-2013
COMPLAINANT
VERIFICATION
I, Nithyananda Swamy the complainant above named do hereby
state on oath that what is stated above are true to the best of my
knowledge, information and belief and this is my name and signature.
Ramanagar.
Date:
-03-2013
COMPLAINANT