Sample Criminal Defamation Case - Kumudam_reporter_criminal_defamation_first_complaint.pdf

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IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT BANGALORE, BANGALORE DISTRICT PRIVATE COMPLAINT No. 5577 of 2012 (Complaint made under the authority of Section 200 read with Section 190 of the Criminal Procedure Code, 1973 – offence of criminal defamation in terms of Section 499 of the Indian Penal Code, 1860 read with Section 34 thereof and made punishable under Sections 500, 501 and 502 thereof) BETWEEN: Sri. Nithyananda Swami

Complainant

Aged about 34 years S/o.Arunachalam Residing at: Nithyananda Dhyanapeetam Nithyanandanagar Kallugopahalli Off Mysore Road Bidadi 562 109 Ramnagar District State of Karnataka AND: 1. Sri. Selvarangam Publisher Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu

Accused No.1

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2. Sri Pa. Varadarajan

Accused No.2

Managing Director Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 3. Sri. S. Paul Antony Raj

Accused No.3

Printer Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 4. Sri. S.Ilangovan

Accused No.4

Editor Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 5. Sri. M.Pandiarajan Joint Editor Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu

Accused No.5

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6. Sri. Bala Jyothi

Accused No.6

Assistant Editor Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 7. Sri. S Mohan

Accused No.7

Assistant Editor Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 8. Sri. Vettai Perumal

Accused No.8

Assistant Editor Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 9. Sri. S.Subramanian Coordinator of Editorial Board Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu

Accused No.9

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10. Sri. Charu Nivedita

Accused No.10

Author of the cited articles: Writer/Reporter Kumudam Reporter Magazine Residence: No.8/15 Venkatasamy Street Mylapore Chennai 600 004 Tamil Nadu 11. Sri. Ira Murugesan

Accused No.11

Author of the cited articles Writer/Reporter Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 12. Sri. Vetri Author

Accused No.12 of

the

cited

articles

Writer/Reporter Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 13. Sri. Pushkin Rajkumar Author

of

the

Accused No.13 cited

Writer/Reporter Kumudam Reporter Magazine

articles

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Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 14. Sri. Nandan Author

of

Accused No.14 the

cited

articles

Writer/Reporter Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 15. Sri. A.Vijay Anand Author

of

the

Accused No.15 cited

articles

Writer/Reporter Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 16. Sri. Vai Kadiravan Author

of

the

Accused No.16 cited

Writer/Reporter Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 1. Tamil Nadu

articles

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17. Sri. Pa Tirumalai Author

of

the

Accused No.17 cited

articles

Writer/Reporter Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 18. Sri. Mathew Raj Author

of

Accused No.18 the

cited

articles

Writer/Reporter Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 19. Sri. Pa Ekalaivan Author

of

the

Accused No.19 cited

articles

Writer/Reporter Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 20. Sri. Bala Author

Accused No.20 of

the

cited

Writer/Reporter Kumudam Reporter Magazine Kumudam Publications (P) Ltd

articles

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Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 21. Sri. P. Rajini Kanth Author

of

the

Accused No.21 cited

articles

Writer/Reporter Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu 22. Sri. M.P. Gajaraj Author

of

Accused No.22

the

cited

articles

Writer/Reporter Kumudam Reporter Magazine Kumudam Publications (P) Ltd Old No: 151, New No: 306 Purasawalkam Main Road Chennai 600 010 Tamil Nadu

THE

COMPLAINANT,

NITHYANANDA

SWAMI,

MOST

RESPECTFULLY SUBMITS THAT: 1.

The Complainant, also known as „Paramahamsa Nithyananda‟ is a religious practitioner who has established and also administers,

the

Nithyananda

Dhyanapeetam

at

Nithyanandanagar, Kallugopahalli, Off Mysore Road, Bidadi 562 109, Ramnagar District, State of Karnataka. 2.

The Complainant is herein represented by a legal practitioner and service of notice or other information upon him may be

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effected through his Advocates, Sri K.V.Dhananjay and Ms.R.Anupama at No.296, Kamakshipalya, Magadi Main Road, Bangalore 560 079. 3.

That the Complainant, Nithyananda Swami, is a religious practitioner of great repute and has achieved reverence and respect in almost every country of the world for his passionate revival of the Vedic tradition and of Hindu culture, worship and ideals. At the age of 33 years, the Complainant had achieved the fame of being the most watched religious preacher on the internet. A statement of the public reputation of the Complainant including certificates of „recognition‟ by Governments or Legislatures in the United States of America and Canada is produced herewith and marked as Annexure A1 to A21.

4.

This complaint is filed under the authority of Section 200 read with Section 190 of the Criminal Procedure Code, 1973. Further, this complaint is made for the purpose of redressing the commission by the accused of „criminal defamation‟ of the Complainant in terms of Section 499 of the Indian Penal Code, 1860 read with Section 34 thereof in relation to news articles which were printed, published, distributed and disseminated in the „Kumudam Reporter‟ Magazine, a Tamil Magazine of varying frequency of publication. This complaint seeks due and just punishment to the accused in terms of Sections 500, 501 and 502 of the Indian Penal Code, 1860. The said Tamil Magazine,

„Kumudam

Reporter‟

shall

be

referred

to

hereinafter as „Kumudam Reporter‟ wherever the context admits. 5.

The Tamil Magazine, „Kumudam Reporter‟ is also sold in the city of Bangalore at various places including outlets at Kempe Gowda road and adjoining roads. Further, the Kumudam Reporter Magazine is thereafter circulated not just within the district of Bangalore but is also circulated in other districts of

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Karnataka, including the district of Ramnagar, the residence of the Complainant. Nevertheless, the fact of the publisher intending official circulation of his magazine at the city of Bangalore and the actual circulation thereafter of his magazine in the city of Bangalore at outlets situated on Kempe Gowda Road and adjoining roads confers jurisdiction upon this Hon‟ble Court to entertain the aforesaid complaint and to proceed therefrom. Further, the impugned editions of the magazine containing the defamatory news reports were purchased by the agent of the Complainant from the stores situated in Kempe Gowda Road and on the roads adjacent to it. Also, the Complainant has most distressingly perused the contents of the impugned news reports. 6.

This complaint is made and directed against the author, editor, publisher and the printer of the Kumudam Reporter Magazine

in respect of

all articles that are

specified

hereinafter to the extent of their legal duty owed to the Complainant and to the extent of their legal responsibility in relation to the defamation of the reputation and character of the Complainant arising from the publication, distribution, dissemination and circulation of certain articles, specified hereinafter, in the Kumudam Reporter Magazine. In other words, the author, editor, publisher and printer of the Kumudam Reporter Magazine have been arrayed as the accused to the extent that the impugned news reports demonstrate a common intention by the accused to harm the reputation of the Complainant. 7.

Similarly, this complaint is further directed against the author, editor, publisher and the printer of the Kumudam Reporter Magazine to the extent of their reckless disregard to the consequences that they had a legal duty to foresee by reason

of

writing,

printing,

publication,

dissemination,

circulation and distribution of certain articles, specified hereinafter, in relation to the Complainant in the Kumudam

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Reporter Magazine. In other words, the author, editor, publisher and printer of the Kumudam Reporter Magazine have also been arrayed as the accused to the extent that the impugned news reports demonstrate actual harm to the reputation of the Complainant in pursuance of a common intention by the accused to harm the reputation of the Complainant. 8.

All news articles referred to in this complaint are news articles that were published in the Chennai city edition of Kumudam Reporter Magazine that were distributed, sold and circulated in the city of Bangalore. Specifically, the specific issues of the magazine that form the basis of this complaint were available and sold at outlets on Kempe Gowda road and at outlets situated in its adjacent roads in the city of Bangalore. Further, the impugned issues of the magazine were also circulated in the district of Ramnagar, the district of the Complainant‟s residence.

9.

Further, all reproduction from the said Magazine is translated into English from Tamil for the purpose of this Complaint.

10.

Preliminary Submissions:

11.

The Complainant respectfully submits that on 04-Mar-2010, one Karuppan Lenin („K. Lenin‟ for short, hereinafter) prepared

a

lengthy

but

highly

resentful

and

hateful

commentary on Nithyananda Swami and submitted the same to the Central Crime Branch Police Station, Egmore, Chennai, Tamil Nadu. The said complaint is replete with too many instances of rumor, gossip and hearsay and is wholly deprived of the very concept of „place, date or time‟. Further, K. Lenin also furnished a CD containing, allegedly, the act of two individuals engaging in consensual sex within the privacy of a bedroom.

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12.

K. Lenin admitted in his complaint to having committed acts that are themselves in the nature of „criminal trespass‟. Yet, the

police

at

Chennai

immediately

registered

a

„First

Information Report‟ in terms of Section 154 of the Criminal Procedure Code,

1973

against

Nithyananda

Swami

for

offences under Sections 295(A), 376, 377, 420, 506 and 120(B) of the Indian Penal Code, 1860. 13.

The Complainant respectfully submits that similarly, on the same day as K. Lenin, T.M. Vishwanath, another resentful individual filed a statement to the Central Crime Branch Police Station, Egmore, Chennai on 04-Mar-2010. The said statement contains nothing more than a brooding resentment over Nithyananda Swami. Surprisingly, the broadcast of the video produced by K. Lenin on television two days ago is the focus of Mr. T.M. Vishwanath‟s complaint to the Police. The said letter was promptly attended to by the Chennai Police – an FIR was registered and numbered as 16 of 2010 against Nithyananda Swami accusing him of offences under Sections 295A and 420 of the Indian Penal Code, 1860.

14.

The

Complainant

respectfully

submits

that

by

a

communication dated 15-Mar-2010, the Director General of Police for the State of Tamil Nadu, the foremost police officer for that State wrote to his counterpart in the State of Karnataka, Director General of Police, Karnataka, for the purpose of transferring all complaints against Nithyananda Swami to the police agencies in the State of Karnataka in view of the opinion of the police agencies in the State of Tamil Nadu that any investigation into the commission of the alleged offences could only be conducted in the territory of Karnataka. The said communication was promptly acted upon by the police agencies in the State of Karnataka and complaints were registered against Nithyananda Swami by the police agencies in the State of Karnataka.

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15.

The Complainant respectfully submits that the Bidadi Police Station at Ramnagar District in Karnataka fully adopted the FIRs transferred to it from the State of Tamil Nadu.

16.

The Complainant further submits that the FIR on complaint from K. Lenin came to be numbered as FIR No.141 of 2010 and discloses all the offences recorded in the FIR at Chennai Sections 295(A), 376, 377, 420, 506 and 120(B) of the Indian Penal Code, 1860.

17.

The Complainant further submits that similarly, the FIR on the complaint by T.M. Vishwanath came to be registered at the Bidadi Police Station, Ramnagar District, Karnataka as FIR No.142 of 2010.

18.

The Complainant further submits that Nithyananda Swami, aggrieved by the orchestrated and malicious acts and criminal process initiated against him, approached the Hon‟ble High Court of Karnataka on 22-Mar-2010. Invoking the inherent jurisdiction of the High Court under Section 482 of the Criminal Procedure Code, 1973, Nithyananda Swami sought the quashing of all proceedings in relation to Crime Nos. 141 of 2010 and 142 of 2010 pending on the file of the learned Chief

Judicial

Magistrate,

Ramnagar

District,

State

of

Karnataka. Specifically, Criminal Petition No.1231 of 2010 was filed in relation to Crime No.141 of 2010. 19.

The

Complainant

respectfully

submits

that

primarily,

Nithyananda Swami denied the commission of any offence accused against him. Seeking a protection against the arbitrary, malicious and illegal initiation of criminal process for no higher purpose than to merely validate the hate campaign against him, Nithyananda Swami also sought an interim stay on the conduct of investigation and a further stay on his arrest by the police.

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20.

The Complainant respectfully submits that however, due to a hurried filing of a Charge sheet by the Karnataka Police to the Chief Judicial Magistrate, Ramnagar District, Karnataka on 27-Nov-2010,

the

petitioner

Nithyananda

Swami

was

compelled to withdraw the petitions that he had previously preferred seeking quashing of the criminal complaints against him. The Hon‟ble High Court of Karnataka was pleased to permit Nithyananda Swami, the petitioner to re-file another petition to the High Court seeking a quash of the very charge sheet that had just been filed by the Police. 21.

The Complainant respectfully submits, in relation to each news report that has been produced and marked herewith, the substance of his accusation, as under: Original news report Annexure B Date of Publication:

Translated news report – Annexure B1 Volume:9

Issue:95

11-Mar-2010

22.

Author:

Position of Complaint:

Author

A. Vijay Anand

Accused No. 15

Vetri

Accused No. 12

Pushkin Rajkumar

Accused No. 13

Nandan

Accused No. 14

Ira Muruganesan

Accused No. 11

in

the

At the very outset, the Complainant respectfully submits that all photographs and videos shot of two individuals engaging in sex and intimacy between them and attributed to an act involving the Complainant and Ma Ranjitha are refuted and have always been stated to be morphed, fabricated and invented by Mr. K. Lenin and his group of conspirators.

23.

In relation to the cover photograph of the aforesaid issue, it is respectfully

submitted

that

the

photograph

of

the

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Complainant and Ma Ranjitha seated together is made to look as if the two individuals shown in the photograph are seated at one place together. No such event has ever occurred and the cover photograph of the magazine has been created with a calculation to inflict a deliberate injury to the good reputation of the Complainant. The choice of the photograph, the accused have made of Ma Ranjitha for the purpose of placing it alongside the photograph of the Complainant exceeds the journalistic permission to portray parody. It is thoroughly defamatory to the Complainant. 24.

The accused have not published any information or caveat to inform their readers that the images could have been morphed. By failing to so warn their readers, the accused have clearly forsaken their obligation to report the truth to their readers. Under these circumstances, the accused were deprived of any rational basis to assume that K. Lenin was speaking the truth and nothing else but the truth. Even if the accused did not intend to doubt the version of K. Lenin, the accused had an unfailing duty to recognize that the transmission of K. Lenin‟s work was bound to injure the reputation of another individual. In discharging such duty to the public at large, the accused had an obligation to contact or consult with the Complainant and to publish his views on the topic of their discussion. It should not have mattered to the truth seeking pursuits of their magazine if only the accused had tempered all of their articles with an appropriate denial from the Complainant. The fact that the accused have steered clear of the Complainant‟s statements of denial clearly go to establish that the accused have thoroughly failed in the pursuit of their journalistic obligation to tell the truth. Further, by placing undue faith in the work of a conspirator, the accused have committed clear violation of the criminal defamation law of this country. The accused had a further duty to recognize that their readers were to form their own

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minds and opinion based on the information that the accused would provide in their publication. The content of their publication barely qualifies as „information‟ as it seeks to provide no meaningful information to their readers other than to blindly publish the concocted version of K. Lenin. It is evident from a thorough examination of all of their articles concerning the Complainant that their publication has engaged in not the slightest amount of independent research and verification of the content published therein. Because the information that the accused have published was such as to deprive the accused of the ability to perform an independent research and verification of K. Lenin‟s conspiracy, the accused were under a heightened legal duty to also state prominently, the response or denial of the Complainant. The fact that the accused clearly knew of such heightened legal duty on their part but chose to not carry the views and denial of the Complainant by itself establishes malice and therefore an inexcusable defamation of the character and reputation of the Complainant. 25.

The accused have stated that the camera was planted in the flower

pot.

This

information

is

not

available

to

the

Complainant from a perusal of all the documents furnished by the Karnataka police to him through the medium of the courts of law. As such, it has become necessary to cast suspicion on their publication and to hold a genuine doubt over whether their publication had advance information about the illegal acts committed by K. Lenin and his group of conspirators. 26.

The accused have chosen to deliberately exaggerate the material wealth of the Complainant for the purpose of painting a picture of greed. For instance, the accused clearly knew that the Complainant does not occupy a 200 acre ashram at Bidadi in Karnataka. The trust established by the

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Complainant is situated at 45 acre ashram at Bidadi in Karnataka. 27.

The accused have spoken about some of the Complainants charged against him. The accused have stated nothing about who complained to such effect and at which police station. At the relevant time, the Complaints lodged by K. Lenin and Vishwanath at Chennai stated no such thing as published by the accused. This is what the accused have published: The dirty happenings in the ashram for the past 8 years came to light in 2005. „Young girls are allowed to go near Nithyananda by his disciples. He touches these young girls‟ bodies when they go near him for healing. This blissful dance that he dances has disgusting scenes. „It beats even the star hotel dances‟. These are the some of the complaints charged against him.

28.

The accused have created the fiction of an administrator from the ashram when in fact no such administrator is believed by the Complainant to have spoken to the accused on such terms as published by the accused as under: Today, slippers are being thrown on swami‟s pictures. A lot of struggle and noise and fanaticism have been shown over this video. “Sannyasis from other classes refuse

to

accept

a

Sannyasi

from

the

Mudaliar

community. That is the reason for all this commotion,” said an ashram administrator sighting a new reason for all this chaos. For that we asked him, „Then are you refuting this video and saying that it is not him?‟ To that he replied, “I am afraid to talk about this big plot for fear of the consequences it will bring to me. Eight people know the story behind this video. There was a deal struck with the eye on big money, with the people immediately below swami. It will only be apt to say that these chasing shots

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were started at the Bangalore ashram and ended at the Salem-Azhagapuram. I will send you to someone who was part of this deal. You will get more exact details of the deal. “Saying this he sent us to that person‟s house which is in prime part of Chennai. 29.

The accused have deliberately invented the fiction of an ashram administrator speaking to them for the sole purpose of lending credence to their act of defaming the Complainant. The accused had a further duty to know that not every ashram administrator was authorized to speak to the media and that if any administrator did speak to the accused without the requisite authority, the accused ought to have cast some doubt on the version of such administrator. Further, the accused were under a legal duty to also specify that the person speaking to the accused as an administrator did not have the authority to so speak. If only the accused had so said in their article, their readers would have obtained the information as to the kind of reliance they should place on the version of the supposed ashram administrator.

30.

The accused have stated that the Bangalore ashram is very strange for there is no difference between men and women there. The implication of such a statement is that there is a free intermingling of men and women in the Bangalore ashram. The Complainant respectfully submits that no such intermingling takes place and there is a strict segregation of sexes in the ashram.

31.

The

accused

have

further

stated

that

to

clean

up

Nithyananda‟s bedroom many women would come and go thereby giving an impression that the alleged impropriety by the

Complainant

extended

to

many

connotation is false and outrageous. 32.

The accused have further stated:

women.

Such

a

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“Five young women committed suicide because of their sexual provocations. A young sannyasi from Canada jumped from one of the balconies of the ashram and committed suicide. All these truths are hidden and kept within the ashram. It has also been said that two women went to the extent of suicide due to the torture given to them by Nithyananda,” he said. 33.

The accused have made factual allegations in the above paragraph and none of these allegations have any basis in fact or in reality and are solely based on their imagination. By imagining a certain state of disturbing events and by publishing the same, the accused have caused irreparable injury to the reputation of the Complainant.

34.

The accused have further stated: Without this matter going to Nithyananda, the CD was shown to Sadananda. Nithya Sadananda, a senior administrator of the ashram has informed us that no such CD was shown to him. Talks started 2 months before. At that time, Lenin handed some pictures to the administrative head of the ashram saying that these were given to him secretly by Ranjitha. In that, all the obscene pictures of Swami and Ranjitha were there. The administrative head did not budge. The video was also shown to him. Also the amount of fifty Crores fixed by Ranjitha for not airing it in public was communicated. Out of that 50 Crores, fifty percent would go to Lenin and his older brother Kumar.

35.

The accused have repeatedly made several allegations by attributing all of such allegations to statements made by unnamed ashram administrators. It is respectfully submitted that no such administrator is believed to have spoken to the accused on the terms that the accused have published. Accordingly, the accused have published nothing but their

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own imagination and the accused have further thought it fit to lend credence to their imaginary stories by falsely citing certain administrators. 36.

The statements, actions and lamenting attributed to the Complainant have been vividly, but falsely, imagined by the accused. The reputation of the Complainant has been damaged beyond repair, as a result.

37.

The accused have further stated that the Complainant attempted to commit suicide. The Complainant respectfully submits that he did not ever attempt to commit suicide. By falsely saying so, the accused have created a permanent barrier for all spiritual seekers to place their faith in the words and teachings of the Complainant. By those words, the accused have created a permanent disbelief on all of his discourses on hope and optimism. By falsely publishing that the Complainant sought to commit suicide, the accused have eroded the value and worth of his past and future discourses. Therefore the said statement that has no basis in truth or fact is thoroughly defamatory to the Complainant.

38.

Their further statement that “To cheer him up the sannyasis of the ashram are yet to find new words from the dictionary” is similarly calculated as their statements on suicide – to wreak havoc on the reputation of the Complainant.

39.

The accused have further stated: For the basic problems of life people have to struggle with politics and finance to find solutions. Those who are not ready to take this route go to temples, do puja, go to swami to find solutions. Ranjitha‟s life is an example of where this will lead us to. Even older saamiyars

have

got

caught

in

sex

scandals.

Is

Nithyananda barely 32 years of age living a lavish life an exception? For all the young girls who came to seek the

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peace that spirituality offers saamiyar has convinced them that he is God. He has cheated them by saying that if they had sexual relationships with him they can surrender themselves to God. All these days this worked well now he has got caught properly. He already has charges of sex and land seizing against him. But with all his influence and popularity, all these charges have been nullified. Once we had attempted to know this saamiyar, but we moved away from him at one point. 40.

The above comment of the accused proceeds on their seeming conviction that the Complainant has achieved material prosperity solely by advocating that his disciples should have sex with him. As already reiterated, the Complainant respectfully refutes the allegation that he has sex with his devotees and reaffirms that he has had no sex of any kind with any of his devotees. As such, their baseless conviction expressed in the above paragraph is a thorough exception to the journalistic endeavor which their publication claims to uphold.

At

any

rate,

the

above

paragraph

is

wholly

defamatory and the accused certainly were keen to demolish the goodwill held by devotees of the Complainant. 41.

The accused have further stated: He would take drugs and with stilled eyes he would be in an exalted state and be blabbering all the time. It is this very blabbering that people are now paying in thousands and going to listen to.

42.

The above assertion is false and outrageous and it is respectfully submitted while the accused do retain the right to fairly criticize the public discourses of the Complainant, the accused do not have any kind of right to claim falsely that the Complainant has or continues to consume intoxicating drugs.

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43.

The Complainant respectfully submits that he has never consumed nor has he ever been in the habit of consuming intoxicating drugs at any point of time in his life or career.

44.

The accused have further stated: In Avadi, the ex-minister Thambi Durai has a college. A few

months

ago

the

Ananda

thandavam

3

day

meditation program was conducted by Nithyananda in this college. In this program actor Vijay‟s mother Shoba, actor Vivek, Deepa Venkat and many more from actresses from the small screen participated. On the last day of this program Shoba was in a trance after reading the poem she wrote praising Nithyananda and she danced. All the actors and actresses hugged each other and danced. At that time swami called each of them individually and hugged them and kissed them. The Hindu people who participated in the program objected to this and Swami just kept quiet about it. In spite of the objection Swami still hugged them and this was the highlight of this event. 45.

The accused might have been aware that there is no program by the name of „Ananda Thandavam‟ that has been conducted either at the specific venue that the accused have cited or at any other location by the

Complainant.

Their

further

statement that the Complainant did individually kiss the participants in the above program is thoroughly false and the accused clearly knew it. The Complainant reiterates that he does not kiss any devotee whether in private or in public and he

does

not

endorse

such

practitioner. 46.

The accused have further stated:

conduct

for

any

religious

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On Tuesday night when the video was aired, the Hindu Makkal Katchi came in front of the ashram and did some protests. On seeing this, Nithyananda gave his stand on the issue to Arjun Sampath the leader of the Hindu party on phone. But Sampath did not agree. He firmly said, “Come out in the open and give your explanation and stop being in hiding.” Swami has got in touch with Kumararaja the state leader of Shiv Sena and made him organize a press meet on Wednesday evening in Chennai and asked him to communicate that video was only sheer graphics. 47.

The above paragraph is clearly false and defamatory. The Complainant did not see any imperative to mollify any Section of the media or any political party at that critical hour. The Complainant clearly knew that the video involving him was fully fabricated and morphed and that his response in those critical days could have only been limited.

48.

Further, the assertion of the accused that the Complainant sponsored a denial through someone else is without any basis in fact. No such sponsorship or request took place and the accused lacked any basis to say so. Consequently, the accused have created an impression that the Complainant did not demonstrate the courage to address wild allegations thrown at him at the relevant time.

49.

The Complainant respectfully submits that he has never done and would never do anything of the kind stated by the accused in the aforesaid paragraph. As such, the aforesaid paragraph is wholly defamatory and depicts the Complainant as a man short of honor.

50.

The accused have further stated: We went and spoke to the actress who played mother role

in

movies

and

who

introduced

Ranjitha

to

23

saamiyar. She said, “I am also a devotee of that swami. Swami often says, „If you share pain there will be more pain. If you share bliss there will be more bliss.” In these six seven months somehow Ranjitha has become close to swami. Many of us female devotees who go to Saamiyar are waiting to surrender to him. It is the exalted state of Krishna-Meera. You saw that video. Is it prostitution that is happening there? Ranjitha is such a big actress. She is serving swami by pressing his legs. What wrong is there in this? She feeds swami. She offers him water. She hands him his tablet in his mouth. She just merges with swami after that. What wrong have you found in this? Like Ranjitha, do you know how many devotees are waiting to surrender?‟ So we asked her, „Then who is it who took that video?‟ She said, “To this I cannot openly talk. There was another devotee who was lamenting that she was not able to serve swami in the manner that Ranjitha did. Speculation is that she may have done this. Surely swami will pardon the girl who did this. The people who did not have belief in swami have made this video a big issue.” The way she spoke as if nothing had actually happened shocked us. 51.

It is a bona-fide belief of the Complainant that a certain actress that the accused have spoken to as evidenced in the above paragraph is a non-existent person or is a mere figment of their imagination. Their imaginary actress is justifying sex in the form of physical subjugation and surrender to the Complainant. The Complainant has never advocated such form of subjugation or servitude. Accordingly, by inventing a non-existent person to voice their statements, the accused have intentionally and deliberately inflicted irreparable harm on the reputation of the Complainant.

24

52.

The accused have further stated: In this state, the high court lawyer of Chennai and the all India founder of Muthramalinga Thevar Trust, lawyer Siva had filed a complaint against Swami Nithyananda with the Ezhumbur Police Station Commissioner and asked to arrest Nithyananda. We met him. He said, “I am a lawyer and a member of Cinema Sangam. I also run the Trust of the late Muthramalinga Thevar who thought of nationality and religion as two eyes. On the land where such great souls lived now in the name of spirituality many fake saamiyars exist. Their many atrocious activities are on the increase. At 32 years of age he makes idols of himself and asks people to pray to it. He has cheated the people by telling them that he has the healing touch and can cure them of incurable diseases. He has changed spirituality into a business. He has impressed the people with his talk. He has earned Crores of rupees through this. He has been having fun keeping girls, actresses to serve him. The women who came there being fed up of worldly life in the name of healing - the „art of touching‟ he aroused them and he used them to fulfill his lustful leelas. He has brought

a

bad

name

for

Indian

spirituality

by

mesmerizing these women and using these women for his own desires. In this manner he has misused the spiritual belief of these people and earned several Crores. Cases have been filed against him on every aspect. There is no big difference between the obscene scenes shot in Kanchipuram in Devanatha sanctum sanctorum and Nithyananda‟s video. Although none of the women involved with the priest pressed charges against the priest for being forced into sex he was arrested and

25

released. After he was released he shaved off his tuft of hair and bade goodbye to his profession as a priest. Same way, even this Nithyananda must bid farewell to selling spirituality and must be arrested and he must shave his hair. Until this is done I will take all action against him on behalf of our trust. It is not enough if a case is filed against him based on my complaint. Under the Goonda‟s Act he must be arrested. Since there is a reason for this I will file a petition in the court.” Saying this he finished his talk. 53.

The accused have stated that the said lawyer Siva did file a police complaint at the Ezhumbur police station. The Complainant respectfully submits that no such complaint was ever filed by any person with that name and with the description and designation the accused have offered of the said person.

54.

By

introducing

a

false

complainant

into

their

wholly

fabricated story and accounts, the accused have wholly derogated from the essential function of a journalist and the accused have further channeled their attention and energy to severely injure the reputation of the Complainant. 55.

The accused further knew that when they said that a certain lawyer demanded the arrest of the Complainant under the Goondas‟ Act, the accused have essentially classified the Complainant within the small set of heinous accused who are typically charged and arrested under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders,

Forest

Offenders,

Goondas,

Immoral

Traffic

Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) („Goondas Act‟ for short).

26

56.

The lawyer by name Siva had no basis to assert that the Complainant should be arrested under the Goondas Act simply because the said statute is a statute that has no application whatsoever to an alleged sexual relationship between a religious practitioner and his devotees. The said lawyer Siva ought to have known so much. If he did not, the accused were under a legal duty to ascertain if such a connotation could even be made for the alleged acts of the Complainant. Failing on both counts, their report has incalculably injured the reputation and good name of the Complainant.

57.

The accused have further stated: At

this

juncture

when

we

enquired

about

the

Nithyananda‟s activities from his ex-lady devotees our heads reeled. They said, “When Nithyananda is resting alone in his quarters no men will be allowed to enter. That area is full and full under the control of ladies only. Women who have beauty and youth will serve him. That too only cine stars will be given first preference. If Nithyananda enters his bedroom it is his order that one woman has to be with him. After that woman finishes her „serving‟ the next woman will have to be sent in. Regarding this no woman speaks about. If she talks about it, that very minute she will be sent out of the ashram. There is another horror story about an 18 year old that was sent out in the middle of the night.” 58.

The Complainant respectfully submits that no part of what has been stated in the aforesaid paragraph is true and the accused certainly lacked any material basis to so assert. The individuals that the accused have claimed that have spoken to them might not even be in existence or were individuals who were a part of a broader conspiracy. The accused were

27

under a legal duty to verify the credentials and truthfulness of their sources and the accused have wholly failed in the same. By such failure, the accused have occasioned colossal and incalculable damage to the reputation of the Complainant. 59.

The accused have further said: It seems there is a separate team there to introduce cine actresses to him. It seems the present agent who introduces actresses is a producer who is a temple for love. Through this person actress „M‟, actress with the three letters in her name beginning with „Sha‟, actress whose name sounds like flowers (poo) in basket in Tamil,

the

introduced

„May to

Maadham

Nithyananda.

Tha‟

actress‟s

were

„May

Maadham

Tha‟

actress‟s mother is also Nithyananda‟s devotee it seems. 60.

The

Complainant

respectfully

states

that

he

has

not

commissioned any team and nor is he aware of any team that is meant to recruit, induct or invite cinema professionals or any other class of persons to the ashrams established and administered by him. Their aforesaid claim is wholly false and is depreciable. Their aforesaid claim connotes sinister designs and has contributed to much damage to the Complainant. 61.

The accused have further stated: He spends his leisure time only with women -

A letter that will create excitement

-

Nandan

A 23 year old young girl who was affected by Nithyananda‟s

sexual

activities

in

Dhyanapeetam

ashram has written a letter to a few people in the ashram in English. Through this letter many charges have been put on the ashram. Some of the important parts of that letter are as follows:

28

„I am a 23 year old girl. I am one of the people who were tortured by Nithyananda sexually. Due to fear of my life and fear of this torture I do not wish to show my identity. Just like me there are many young women who have been tortured sexually. But everyone is afraid of their life so they do not say anything openly. He tells the women who believe him that he is Krishna Bhaktha and they are all his

gopikas. To those who get an

opportunity to be close to him he would tell them that by having physical relationship with him they could easily and quickly reach God. Serving him begins with pressing his feet then it moves on to feeding him and step by step it is taken to the next level. One person cannot know the activities of Nithyananda. He is guarded by his close devotees. The mansion he lives in is not easily accessible. So most people in the ashram do not know what goes on there. Near the meditation hall and in his quarters he would spend his leisure time with mostly only women individually. Each of the women individually spends time with him and majority believes this as counseling. But behind the close doors with the women he likes he indulges in lustful behavior. I also recently had an opportunity to serve him. It would begin with pressing his legs and slowly proceed to feeding his food. Soon it extended to sexual lustful acts. He recommended me to read books on Kama sutra and asked me to do according to what I have read in those books. In short Nithyananda is a women monger. He makes young women fall in his net. He is a very dangerous cancer that is spreading across the society very quickly. There are several videos and pictures that bring out Nithyananda‟s lust beyond doubt. All the news against him that will tarnish his image has been suppressed by

29

giving bribes or by buying out people in power. Let us look at some of the forth coming issues. In 2008 December, a Canadian citizen who was in an affected state by a meditation method came to the balcony of his apartment in the ashram on the second floor. He fell down from there. He was in a very badly hurt state when he was rushed to a nearby hospital. But the hospital refused him admission as they already found him dead. It was thought that this was an accident and not a natural death. But Nithyananda contacted the owner of the hospital who was his friend and asked him to admit the body. The hospital was made to report that they had evidence that he suddenly died of a heart attack. It is significant to note that a post mortem was not done on his body. His body was kept in another hospital and then some people from the Canadian ashram came and then it was burnt. These kinds

of

incidents

are

easily

hidden

because

of

Nithyananda who has as his friends Chief Ministers, ministers, and MPs who come and see him on his birthday every year without fail. Many

incidents

where

basic

human

rights

are

trespassed happen here. When they are in training, young sannyasis and close disciples get beaten badly with his stick by him. In 2008, a week after that Canadian died, another young sannyasi, 18 years of age had been taken to task for some mistake the person made. Not being able to bear this, the sannyasi drank an insecticide and attempted suicide. This sannyasi was admitted in hospital for 10 days when this sannyasi was in coma after which the sannyasi came back. Cases have been registered in the Kengeri and Bidadi Police station in this regard.

30

In another instance a 22 year old young brahmacharini, not being able to bear the sexual torture of Nithyananda attempted suicide. After taking treatment in the hospital she was sent home. No case was filed in this regard. In 24-Dec-2009, a young brahmachari who was beaten by swami swallowed 14 sleeping tablets and attempted suicide. He was admitted in the hospital as a „visitor‟ of the ashram and was treated. Like this we can go on relating many incidents. The youth of Tamil Nadu come for spiritual training to this ashram. Here they are brainwashed and they forsake their parents and stay back in the ashram. In spite of the complaints of the parents for their children nothing

could

be

done

about

this

because

of

Nithyananda‟s popularity. During the darshan time there are thousands of copies of photographs and videos where he is seen hugging women. All these photos have been in the archives of the ashram which is protected and nobody has access to it. They do not bring it out in the ashram‟s website either. He proclaims himself not only as a guru but also as God, as an incarnation- an avatarapurusha. Anyone who opposes him and asks him a question he will label them as traitor of the guru and expel them from the ashram. Since he says that being a traitor of the guru is bad karma everyone accepts whatever he says and does accordingly. In

the

Bidadi

ashram

alone

there

are

50

brahmacharinis and 70 brahmacharis. Ashramites of his other ashrams in Tamil Nadu and all over the world come and go to this ashram. All these people believe that Nithyananda is innocent and that he did not do

31

anything.‟ The letter began this way and it mentioned also that Nithyananda has evaded paying income tax and she told us some details about it. It has been said that the ashram has lot of black money and it has been kept in certain lockers in the ashram, locations of which have been told. In this letter, it says that Nithyananda is the main person involved in all these illegal and immoral activities and mentions 5 of his close associates also who have a hand in it. Some of the State Chief Ministers, Ministers and Officials who think that he is very pure have come and taken his blessings. Also mentioned in this letter is that he has created strong, fanatic devotees in Tamil Nadu and that is the reason why he is able to have such a strong establishment. This letter mentions that all those who are guilty have to be punished and says „truth will triumph‟ as the last statement these photos have been in the archives of ashram. 62.

The Complainant respectfully submits that such a letter is clearly an act of mischief by somebody who is inimical to his interest and growth. Every aspect and part of the said letter is denied. No such thing as to the manner of service by women devotees to the Complainant has ever happened. As stated earlier, the Complainant does not engage in sex or intimacy with any of his disciples, male or female.

63.

The Complainant respectfully submits that no pornographic material is permitted or allowed inside the ashram premises. It is further submitted that in his more than 8000 hours of recorded speeches, the Complainant has not once delved into the aspects of Kama sutra.

32

64.

As to the death of a Canadian citizen, the Complainant respectfully submits that he has made enquiries from his administrators and has learnt that the allegation contained in that letter is absolutely fabricated and that the said death was purely accidental and that the ashram administrators promptly contacted the police thereafter and sought their intervention and further ensured quick medical attention. The family members of the said Canadian citizen were also informed, most promptly, by the ashram administrators. The relevant legal processes such as a post-mortem and other police acts were duly performed with full co-operation by the ashram administrators. Neither the relatives of the said Canadian

citizen

nor

the

police

have

expressed

any

suggestion, let alone a suspicion, of wrongdoing by any person in relation to the death of the Canadian citizen. 65.

Further, all accounts and statements received by the Complainant establish that the death of the Canadian citizen was purely accidental and nothing more. In publishing the above account, the accused have cast a serious aspersion on the

reputation

of

the

Complainant

and

his

ashram

administrators. The accused have entertained in the minds of their readers, a notion that the said Canadian citizen might have been driven to death or was otherwise murdered by persons in the ashram of the Complainant. Such a statement is false and wholly outrageous and should never have been published

in

the

first

place

without

laying

a

proper

foundation for such allegation. There is no foundation whatsoever to their aforesaid wild story. 66.

Therefore, their act of publishing a rumour that a certain foreign citizen was found dead in the ashram of the Complainant and that the said death was not investigated upon is clearly defamatory to the reputation and character of the Complainant as much as it is also false and baseless.

33

67.

With reference to another „sannyasi‟ of 18 years of age who is reported to have attempted suicide by consuming insecticide, the Complainant respectfully submits state that no such event took place in the ashram. As such, by falsely depicting an „act of suicide‟ at the ashram established and administered by the

Complainant, the

accused have

committed an

irreversible defamation of the reputation and character of the Complainant. 68.

It is further stated that it is almost baffling to see that their publication has put unfettered faith in the letter of a 23-year old anonymous woman who has seen it fit to express all kinds of political opinion in a very brief letter.

69.

The accused have specifically published: The letter began this way and it mentioned also that Nithyananda has evaded paying income tax and she told us some details about it.

70.

It is respectfully submitted that their publication which has adopted a no-holds-barred style of reporting about all rumours

and

baseless

allegations

concerning

the

Complainant has somehow seen it fit to not publish details of income tax evasion purportedly contained in the said letter. The Complainant specifically and respectfully states that he has never evaded payment of taxes on any part of his income or other proceeds whether under the laws of India or under the laws of any other country of the world. 71.

Their frequent reference to „black money‟ is thoroughly motivated and is calculated to invite official and government displeasure at the Complainant. Such reporting can only be characterized as defamatory to the very hilt. Original

news

Annexure C

report

- Translated news Annexure C1

report –

34

Date of

Volume: 9

Issue: 96

Publication: 14-Mar-2010 Author:

Position of Author in the Complaint:

72.

A.Vijay Anand

Accused No.15

Vetri

Accused No.12

Vai. Kadiravan

Accused No.16

Pa Tirumalai

Accused No.17

Pa Ekalaivan

Accused No. 19

The accused have stated: Ten thousand Crores that was burnt… Why and for whom was it necessary to trap Nithyananda in a sex net? The story given by Lenin may have helped in filing the F.I.R with the police. The truth is, behind this are the four administrators who are next in rank to Nithyananda in this same ashram. Even if the estimated value of the ashram property was two thousand Crores, the property in 33 countries, the value of the property of the ashram on Mysore Highway, the land value of the properties in each district, the amount in the banks abroad and earnings all together we understand, at a minimum add upto ten thousand Crores. Fourteen trusts are being operated by Nithyananda Dhyanapeetam. Each of these fourteen trusts is operated by a secretary.

73.

The Complainant is at a loss to understand why their publication has been eager to exponentially exaggerate the wealth of his ashram. In saying that his property was valued at more than 10,000 Crore Rupees, their publication has expressed a clear malice and a design to invite popular disenchantment with his wealth. At the relevant time, the Complainant did not hold wealth to the extent of 10,000 Crores or even to the extent of a small part of 10,000 Crores.

35

74.

The administrator that the accused have cited to produce much of the damage is an administrator who exists merely in their imagination. For the purpose of publishing ill-founded rumours and baseless allegations, the accused have invented the fiction of an administrator confiding regularly in their publication

various

accounts

that

the

accused

have

unabashedly published. 75.

Their repeated references to some important American all through their article as well as their further references to a certain administrator repeated throughout their article are sheer lies that the accused have invented to give credibility to their own imagination. Their further speculation on the Complainant participating in non-existent negotiations is a mere figment of their imagination. Negotiations were never held in the first place and certainly not in the manner described by the accused. Their further report that the Chief Minister of Karnataka or that several important individuals known

to

the

Complainant

stood

in

support

of

the

Complainant is false and baseless. 76.

The accused have further stated: Not knowing which court to send the Xerox of the F.I.R. of the petition filed by Lawyer Angayarkanni, who filed a case against Swami Nithyananda on behalf of the Lawyers Association, finally, they decided to send it to the court in George Town. Last Wednesday they had done a research itself on this for one hour. But till now they have not given the Xerox of the F.I.R to the petitioner. All together a total of six petitions; the petition to retrieve his son Meyyirai by his father from Manali; consumer forums complaints and others, have been received. Cases have been filed on charges of rape, cheating, and unnatural sex. In one or two days the cases are to be shifted to Karnataka.

36

77.

The Complainant respectfully submits that no case was ever filed by the father of a devotee by name Meyyirai.

78.

As a whole, their aforesaid article is grossly scandalous, imaginary and far stated from truth or actual chain of events. The Complainant‟s reputation as a consequence of their aforesaid article has been battered unjustly and illegally.

79.

The accused have further reproduced from parts of the First Information Report (FIR). However, instead of being content with such reproduction, the accused have seen it expedient to carry on their discussion further by conducting their own „pseudo investigation‟ and by prophesizing upon the outcome of the investigation that was due by the police. The accused have ignored the fact that these complaints to the police merely represented one side of the controversy and the accused had no authority of any kind to assume that the allegations in these police complaints were the truth and the whole truth.

80.

By making such unwarranted assumptions the accused have clearly

damaged

the

well-earned

reputation

of

the

Complainant. The accused have further carried on their mission of targeting the Complainant by alienating his supporters

and

by

eliciting

negative

and

undesirable

comments from his supporters and devotees. 81.

The accused possessed no justification of any kind to elicit public opinion to the extent that the severe punishment of death penalty should be visited upon the Complainant for his alleged infraction as portrayed in the morphed video. Having elicited such opinion, the fact that the accused have so prominently published it speaks to the partisan and vicious nature of their reporting.

82.

Their reproduction of the words of one Mr. Arjun Sampath, the head of Hindu Makkal Katchi, is in utterly bad taste and

37

does not represent a fair comment on an issue that had become the subject of police investigation. If anything, such comments did nothing to properly address the perceived infraction in the entire controversy and were designed to hasten public distrust and hostility towards the Complainant. Accordingly, when the accused did elicit from Sri Arjun Sampath

that

the

Complainant

should

marry

actress

Ranjitha, the accused had clearly transgressed all norms of acceptable reporting. As such, the accused have committed an

irreversible

defamation

of

the

character

of

the

Complainant. 83.

Their further reproduction of unsavory comments by one psychiatrist, Dr. Shalini were similarly unwarranted and grossly disproportionate to the perceived infraction in the current controversy. Original

news

Annexure D Date of

report

- Translated news report

–

Annexure D1 Volume: 9

Issue: 97

Publication: 18-Mar-2010 Author:

Position of Author in the Complaint:

84.

Vetri

Accused No. 12

A.V.Anand

Accused No. 15

Charu Nivedita

Accused No. 10

The accused have produced a picture of a person purporting to be the Complainant walking out of a shower room with very minimum clothing.

85.

The photograph purportedly depicting a visual of a naked picture of the Complainant is a visual that the accused might have procured from the perpetrators of this controversy.

38

86.

By publishing a visual procured from conspirators who have no regard to the privacy or criminal laws of our country, the accused have abandoned their journalistic ethic for the purpose of appealing to the debased and prurient interests of some of their readers. It serves no part of public interest for a magazine to publish a naked photograph of a religious practitioner. Therefore, the publication of the same is without any lawful excuse and has contributed to a complete defamation of the Complainant.

87.

The entire article is created with no objective whatsoever to inform their readers about any issue of public interest but has been created for the sole purpose of eroding the wellearned reputation of the Complainant. The accused have repeatedly stated that the law enforcement was not keen to apprehend

the

Complainant

due

to

extraneous

considerations. Such a remark is unfounded. The accused clearly knew that the Complainant has not been accorded any degree of favour or lenience by any member of the law enforcement. Rather, a baseless and meritless complaint which was more in the nature of a political opinion was used by law enforcement to eventually arrest and incarcerate the Complainant. 88.

Their article blurs the line between making a direct attack on the

Complainant

and

reproducing

from

an

allegation

contained in the FIR. By eliminating such distinction, their article ceases to be a fair report of events that affect public interest. Rather, their article has taken on the role of a direct but

unjustified

attack

upon

the

reputation

of

the

Complainant. 89.

The accused have cited unnamed police officers to give credence to their imagination. The accused had a duty to realize that no police officer could have so openly asserted to any media member that:

39

“Nithyananda's sex interests are giving us a surprise. Nithyananda has sexual relationships with both men and women. It is rare to see such bi-sexual people. He has been indulging in homosexual relationship with Swami Vimalananda in the ashram. Vimalananda who was shocked by this has left the ashram.” 90.

As

the

accused

could

clearly

notice

themselves,

no

investigation of any kind was conducted either by the Tamil Nadu police or the Karnataka police as on the date of their article. As such, it was highly impossible and improbable for a police officer to talk to their publication with such degree of certainty as is possible only after commencing a proper investigation into the allegations against the Complainant. As the accused clearly were further aware, as of 18-Mar-2010, the date of their aforesaid publication, the only event that had taken place on the part of the police was that the Tamil Nadu police had prima facie concluded that the events narrated by the Complainants in their FIR were events that might have occurred within the jurisdiction of the State of Karnataka. Accordingly, the Tamil Nadu police through its Director General of Police (DGP) had forwarded the complaints to the Karnataka DGP. As such, by 18-Mar-2010, no police officer whether from the State of Karnataka or from the State of Tamil Nadu was in any position to conduct any extent of investigation so as to assert to the accused, statements that the accused have attributed to an „unnamed police officer‟. Therefore, a thorough criminal intent to permanently damage the well-earned reputation of the Complainant is clearly evidenced from their article for which the accused bear the complete legal responsibility. 91.

The accused have further stated: Meanwhile we got the full length unedited videos which included many racy scenes shot in Nithyananda's

40

bedroom in Bidadi near Bengaluru. We cannot describe these videos fully to our users. That much of obscenity and awkwardness are included in the video. In the eyes of the camera which was not switched off for 3 days, 72 hours of the saamiyar's amorous activities have been recorded. Now the CD rolls on. 92.

The accused have quoted Sri Chinmaya Somasundaram, State coordinator of Vishwa Hindu Parishad that: "In the Indian Ocean wherein millions and millions of water droplets join, drainage water is also included. But the ocean is always ocean. Hindu Religion is also similar to it”.

93.

The accused ought to have known that at the relevant time, whoever was speaking to the accused had before them nothing more than plain allegations and certain doctored videos the authenticity of which was indeed doubted by many. Yet, by eliciting extremely negative comment from certain persons and by unabashedly publishing the same, the accused have contributed to needless defamation of the Complainant. In the above reference attributed to Sri. Chinmaya Somasundaram, to compare the Complainant to drainage

water

was

utterly

contemptuous

and

grossly

scandalous. 94.

The Complainant respectfully submits that he has done enormous work for the revival of the Vedic tradition and no individual at that relevant time possessed any basis to discount all the great work of the Complainant in light of emergence of a dubious video and unfounded allegations coming from questionable individuals and to launch a tirade against the Complainant.

95.

The accused have further stated:

41

Six months before, I knew nothing about Nithyananda, who is now being talked about sensationally. I have only seen his portrait in magazines; I have however not read his essays. Generally in Tamil Nadu saffron has little respect. This is because many of the saffron-clad ones do not live with the solemnity that ought to be attached to the saffron attire. There are many examples starting from Premananda. These saffron-robed ones indulge in crimes

like

rape,

kidnap,

and

murder,

which

a

commoner can‟t even imagine. This is why the common man has lost respect for the saffron. Premananda Swami is in jail serving double life-term for the crimes of rape and murder. We have seen in TV channel two guys in saffron robes fighting with each other, like rowdies in the thoroughfare, in full view of the public. 96.

The Complainant respectfully submits that their comparison of the Complainant with Swami Premananda is grossly inaccurate. The accused were clearly aware that Swami Premananda was adjudged guilty by a court of law and no court had, at that point of time or even as of this day seen it proper to cast any aspersion on the character of the Complainant, let alone convict him for any such infraction.

97.

The accused have further stated: Frequently we read in the newspapers sensational news about the „dadas‟. These dadas, who indulge in crimes like, rape, kidnap and murder, are either eliminated in police encounter, or brutally killed by their own fraternity. None of them lives beyond the age of forty.

98.

The Complainant respectfully submits that their inaccurate comparison of the Complainant with antisocial elements who commit heinous acts was unwarranted and appears to have been done for the sole purpose of inviting public hatred of the Complainant.

42

99.

The accused have further stated: Nithyananda exploited this spiritual tradition and people‟s faith in God, and attained a high pulpit, by amassing Crores in just six years. Now because of lustful indulgence he has fallen from that high pedestal. What I heard about Nithyananda six months before made me think that he is also another Premananda. That he always remains in the company of beautiful young girls was what I heard about him. Because I came to know that even in his private room he spends his time with the young girls, I had no contact with him. I kept telling my friends that it is only a matter of time before he was caught like Premananda.

100. The Complainant respectfully submits that it is clearly dubious on their part to have stated in the aforesaid manner without realizing that as a journalist with a duty to report any untoward or illegal incident that the accused came across, the accused said nothing about the Complainant‟s affairs in any of their previous writings or for that matter, the accused did not alert the law enforcement. Reasonable people would consider that a journalist who would come across unsavory or illegal activities would always bring the same to light in their own publication or would promptly alert the law enforcement. 101. The fact that the accused did neither is itself indicative that the accused witnessed no such thing as the accused have claimed in above. Therefore, the accused have simply manufactured

certain

past

events

for

the

purpose

of

influencing their readers‟ opinion in the present. 102. The accused have further stated: Nithyananda never gives money to others, only others give money to him.

43

103. The Complainant respectfully submits that the certainty with which

the

accused

have

stated

the

above

is

wholly

unwarranted in view of the fact that the charitable nature of the Complainant‟s activities is too well known to the world. The accused were clearly aware by reason of their own prior visit to the ashram of the Complainant that enormous charitable work is done at the ashrams established and administered by him. All of such charitable activities involve considerable sums of money. Therefore, to assert with absolute certainty in a mass-read publication that the Complainant never gave any money to others is not merely to distort the truth but to also trifle his enormous reputation for charity. 104. The accused have further stated: When I first met him in a crowd, I bent to touch his feet. At once a monk who stood by Nithyananda stopped me. Later on I came to know that, to touch his feet there has to be a donation of Rupees 25,000/-. I saw nothing amiss in that, because the money so collected went into serving the society, they said. I kept mum at the mention of school, colleges, hospital etc. 105. The Complainant respectfully submits that it is extremely demeaning to say of a spiritual person that he would not let any person touch his feet unless he received a donation of some amount. To characterize the Complainant in such manner is absolutely defamatory in further view of the fact that no such condition has ever been imposed by the Complainant and that thousands of individuals in any given week would touch his feet and obtain his blessings without ever being subject to any form of financial demand or duress. 106. The accused have further stated: Besides, one thousand to five thousand Rupees were collected per head from the public to hear his lectures.

44

So far as he was concerned there was nothing free. I listened to his lectures only after paying for each one of them. Apart from this, there was another daylight robbery in the name of house visit. The fee for Nithyananda‟s visit was Rupees One Lakh. Do we not need money for education, medical attention of the poor, they will argue. My good luck, since I did not have that much money, I escaped. However a sum of Rupees One Lakh did go from me to the fake saamiyar‟s treasury. 107. The Complainant respectfully submits that every part of what the accused have stated in the above paragraph is false. An overwhelming number of the Complainant‟s public lectures are free and no money is collected from events in which admission is free. As such, to allege that between Rs.1000 to Rs. 5000 was collected per day from the public is grossly scandalous. The accused were clearly mistaken to think that the accused had to pay for any of his lectures. As such, it is asserted by the Complainant that no sum of money was ever demanded from the accused for attending any of his lectures. 108. Accordingly, the accused could not have paid any such sum that was not even demanded of the accused. 109. The Complainant further submits that all donations that were ever received by the trusts established by the Complainant are properly accounted for and periodic returns are submitted to the appropriate statutory authorities. The sum of Rupees One Lakh that was provided by the accused to a trust established by the Complainant was towards a provision of a tour to KumbhMela. The accused, Charu Niveditha, made the said contribution voluntarily and willingly for the benefit of his wife‟s desire to travel to KumbhMela. Nevertheless, the said sum of money was refunded to the accused upon knowledge that the proposed trip had to be cancelled.

45

110. The fact that the accused have conveniently omitted to state that the said sum of Rupees One Lakh was refunded to the accused

pursuant

to

the

cancellation

of

the

tour

of

KumbhMela is itself indicative of the vicious nature of their reporting. 111. As one would see it, if only the accused were eager to state the facts in their article, the accused were bound to state that the said sum of Rupees One Lakh was refunded. However, by omitting material particulars that were within their own knowledge, their article takes on the role of a criminal attempt to malign the fair name of the Complainant. 112. Similarly, the accused have also stated: After paying Rupees one lakh to the Nithyananda ashram, out of a sum of Rs.2,50,000/- that I had received as leave salary after my 25 years of service in a government department, Avanthika got ready for the journey. Mother of a well-known Tamil Actress was also part of this group. 113. The accused were clearly aware that there was no financial detriment of any kind to the accused or to their side by reason of the initial remittance of Rupees One Lakh towards the KumbhMela trip. The entire sum of Rupees One Lakh was returned to the accused without any deduction by the date of the publication of their aforesaid article. Their deliberate exclusion of the said detail is inexcusable. 114. The accused have further stated: A man having sex with a woman is indeed his private affair. We have no business to poke our nose in it. But you know what Swami Nithyananda has all along been saying? Not only has he been saying that he was a celibate, but that he was an incarnation next to Shree Rama and Shree Krishna. There is proof of this in the

46

odd three hundred books he had written. Nithyananda has the capacity to lecture, nonstop, for ten hours a day. He would keep going from one class to another. I have seen him taking lessons, ceaselessly, on yoga, meditation, modern science etc. for hundreds of foreign students. (But it is now that I know that at night there are actresses to massage his legs and other parts). 115. The Complainant respectfully submits that in none of the 300 odd books that the accused are supposed to have perused, will the accused find any reference to the Complainant proclaiming himself as an incarnation of God or of being a celibate. As such, it was not warranted on their part to state that the Complainant is a dishonorable individual who would do in private, the exact opposite of what he advocates in public. The Complainant further submits that he would never advocate anything contrary to what his own private life mirrored. 116. The accused have further stated: Like my wife Avanthika, 300 people have paid the money for the KumbhMela trip. That popular actor‟s mother is also one of them. 300 Lakhs means 3 Crore rupees. To go to KumbhMela and back, will it cost one lakh for one person? Yes. 117. The Complainant further submits that, as already stated before, all of the 300 individual participants to the proposed KumbhMela trip were refunded with the entire sum tendered by them – Rupee One Lakh per person. The accused conveniently and deliberately ignored the said act of refund. As to whether it would cost Rupee One Lakh person to visit KumbhMela and to return therefrom, the accused have intentionally

and

deliberately

ignored

the

value-added

services that were provided as part of the package. If the accused truly intended to ascertain if the trust established by

47

the Complainant managed to make exorbitant profits from these trips, the accused could have simply visited the accounts section and sought from them, detailed information as to the costs involved in such trips and the reason why such trips were priced at Rs.1 Lakh per person. If only the accused had engaged in any meaningful exercise of such kind, the accused would have obtained information that would run contrary to all the suggestions that the accused have made in their aforesaid article. 118. The accused have further stated: Now is it known how saamiyar earned 3000 Crores in six years. 119. The Complainant submits that the above assertion is grossly scandalous. The accused have imputed a dishonest practice upon the part of the Complainant on one hand while on the other hand, the accused have exponentially overcast the wealth at which the trusts established by him are valued. Their design is grossly defamatory to the reputation of the Complainant. 120. The accused have further stated: More than my embarrassment, Avanthika‟s life is important. Then how did Avanthika escape from the ashram? It will be like a detective novel. I will tell you in the next issue. 121. The Complainant submits that the above assertion by the accused is thoroughly defamatory in nature and character. Smt. Avanthika was at the relevant time, a valued devotee of the ashram and to suggest that she was in some sort of confinement and that she had to escape therefrom and that the mode of such escape was such as is found in a detective novel is utterly defamatory and false. No person is confined in

48

any manner at the ashrams established and administered by the Complainant. 122. The Complainant further submits that Smt. Avanthika, just like any other devotee at the relevant time, was free to enter the ashram at reasonable hours and to exit therefrom at her will without the leave or permission of any person. As such, it is plainly absurd on the part of the accused to state that Avanthika had to escape from the ashram. At no point of time, was she under any sort of confinement and the concept of confinement is practically unknown at the ashrams established and administered by the Complainant whether in India or elsewhere. Original

news

report

- Translated news report

Annexure E Date of

–

Annexure E1 Volume: 9

Issue: 98

Publication: 21-Mar-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No. 10

Vai Kadiravan

Accused No. 16

123. The Complainant respectfully submits that it is incredibly outrageous that the accused have published a fictitious interview that never did take place. At the relevant time, the Complainant did not speak to the accused or to any other person from their publication. Yet, the accused have most criminally fabricated and concocted an interview out of thin air. The publication of a false pretext and fabricated statements of the Complainant in the form of an interview is an act that deserves a thorough invocation of the criminal defamation law of our country.

49

124. The Complainant further submits that, by concocting and fabricating an interview that never did happen, the accused have most clearly exhibited a thorough desire and design to erode to the hilt, the reputation and good name of the Complainant. 125. Further, the Complainant submits that the questions that the accused have posed to themselves and the answers that the accused have fabricated and attributed to the Complainant are of such egregious nature that no respectable person who would chance upon such a report would consider the Complainant in a respectable light thereafter. 126. Further, the Complainant submits that, by stating that the Complainant did contact the accused from some place in Uttar Pradesh, the accused did generate an impression within law enforcement that the Complainant was evading the process of law and that he was on the run as a fugitive factors

that

eventually

contributed

to

the

denial

of

anticipatory bail by the Chief Judicial Magistrate, Ramnagar district, State of Karnataka. 127. As such, by concocting an interview that never did take place and by structuring such a fabricated interview in a manner so as to mislead their readers, law enforcement and the judiciary, the accused have contributed to irreparable injury and damage to the liberty and reputation of the Complainant. 128. Their fictitious interview that has been most unabashedly published by the accused runs as under: ‘THAT IS A RESEARCH IN SPIRITUALITY’ ‘IT IS TRUE WHAT HAPPENED DID IN FACT HAPPEN WHAT NEXT?’ Nithyananda’s Reporter

direct

interview

to

Kumudam

50

Where is Swami Paramahamsa Nithyananda? He is the same swami who has been recognized and watched over the Youtube as the most viewed spiritual guru at 33 years of age. And yet he is the very same person who has been closely watched all over the world for the past more than one week, due to the new sensational media coverage. Even though suddenly he has spoken in many English TV channels, what exactly does he want to convey to the Tamil viewers about the video Just then, in all this excitement, all of a sudden, the swami himself contacted us over phone from a distant place, somewhere in Uttar Pradesh. “For the first time for Tamil magazines, on this matter, I am opening out my heart to Kumudam Reporter only”, so said the Swami and continued, “I have learnt many dimensions of life through fame and defame.” He was in his usual self without any sign of being affected, and started speaking with his usual blissful smile with inspiration. What exactly happened? “A very big conspiracy has been hatched. Video camera has been fixed in my room and secretly they have recorded. What is the necessity to manipulate my life, misrepresent things, correct with graphics, and defame me? What is the necessity to bring disrepute to me?” “We always have a tradition of giving the benefit of doubt in matters pertaining to one‟s personal life, to anyone who has done great service in any one field to the society. I have offered services in many areas. I have authored two hundred books. As for oratory, I have spoken for 7,000 hours. If you take the medical field, I have done numerous researches in the fields of yoga and

51

meditation. I have given contribution also in the scientific areas. Even more, through research, I have published many books which deal with painless birth and easy delivery through the methods of yoga. I have given contributed in many areas but just because of the only reason that I have contributed in the spiritual physical, mental,

emotional

and

spiritual

explanations

and

solutions for many of the sex problems and sexual dysfunctions. I have always shown myself only as a spiritual researcher to the outer world. In this way, I have contributed in many areas but just because of the only reason that I have contributed in the spiritual field also, without even verifying, without basic decency, I have been denied all basic human rights; the rumours related to my personal life have been spread and I have been defamed.” “The other person who was in the video (Ranjitha) has told very clearly in Kumudam Reporter itself, “I was doing service to Swami.” In what way is it just, capturing the personal life of two persons, and that too the happenings inside the bed room?” “They have done this only because we have no authority or financial, political, or legal clout. We are being crushed to this extent only because we are an ordinary spiritual organization, social service organization, not having the political or money clout.” “Within a period of one hour our ashrams were beaten, broken and burnt in 8 locations.” “The ashram in Thiruvannamalai, is a place where every day free food happens for thousand people. Weekly, we give medical treatment to 1000 people. All the Sannyasis and Sannyasin is there were attacked. But no one

52

opened their mouth regarding the injustice that was done to me?” Why do you think they are doing that? “Interfering

in

another

person‟s

life,

unnecessarily

blowing it up beyond limits, misrepresenting, abusing – all these crimes were executed against me. Just to enjoy this, a few people have a mental disease. This is a mental illness. That is the reason.” “But beyond all this, ashrams which are social service organizations and Dhyanapeetams were damaged by antisocial elements. In all these situations, I bow down with gratitude to my friends and devotees and disciples who abiding by my words, were very silent.” “They tried in many ways to somehow make my disciples indulge in antisocial activities. Many people put in effort to somehow make my disciples and Dhyanapeetams indulge in violence. I bow down with great gratitude to all my lakhs of Dhyanapeetams, disciples and devotees who were calm and did not even protect themselves, or show any sort of opposition or resistance to all their efforts.” About that CD…….? “How much of graphics and other deliberate insertions are mixed in that CD is being studied in laboratories. Seventy five percent of that CD is done using graphics and impostors. Very soon, having the analysis reports in my hand, without hiding anything, I will be talking about the entire truth to Kumudam Reporter. It is a research in spirituality. I will tell rest later. The truth about this will be known when I write a book about it. If it is told now, they will again abuse it. But since it is seen that the people don‟t like such efforts in spirituality, I hereby declare I will stop such efforts. But going beyond that, I want to talk to you about defamation done to me.”

53

“I have always been seen as a spiritual researcher. There are some who had stuffed some unwanted expectations into my personal life and when these were not coming forth, they themselves concluded that I was not fulfilling their expectation, and started to abuse and defame me and spread malicious propaganda.” “I will tell you an important thing.” “It is perfectly justified, if such expectations on my personal life is seen in my devotees, disciples and ashramites who have sacrificed their life for my sake and living with me. But actually, they have no expectations on my personal life!” “I will now share an important thing with you. We conducted a survey among the Dhyanapeetam devotees. Do you know what the result was? 92 percent of the devotees are not disturbed or doubtful in any manner whatsoever. They are firm. 6 percent of my devotees are sad that their relatives and friends are talking ill of them. Only the remaining 2 percent who had not been encouraging me even when I was doing good work, did not inspire me in any way, who did not help in any way are now talking ill about me.” “I am receiving a lot of encouragement and consolation messages from many spiritual establishments all over India. My sincere thanks are due to the Chief Minister Kalaignar, who expressed his disapproval over the repeated telecast of this video. But there are some persons who are going beyond this and trying to spread that this is the situation and spreading many rumors and complaints against me. It is to be noted that nothing illegal has happened in this matter. But using this situation, they are spreading a lot

54

of rumors. They also try to create a sense of deep fear both inside and outside Dhyanapeetam.” Ranjitha…? “She herself has given an interview to your Kumudam Reporter and has told that she was serving me. That is the truth. I was not feeling well for a week at the time the video was taken. She served me with deep love, devotion, and motherly love. That is all. That only they are writing according to their whim.” Is Ranjitha staying with you only now? “No. I have come to Prayag, Rishikesh and Haridwar, on account of the KumbhMela. As alleged by some persons, I am not under cover. I am with my devotees. I am blissful only. Within another two or three day I will come back to the Bengaluru ashram. At that time, I will invite you. We can have a face to face talk. Ask whatever you want. I will answer with evidence.” Who according to you are working against you? “I don‟t want to blame anybody. I have done nothing wrong, but without analyzing, I was accused. But I do not wish to accuse anyone. I feel that not even my enemy should be subject to the droha I was subject to. I do not wish to blame anybody”. Finally? “Learning the lessons from the experiences of life and enhancing it is life. Even in this predicament, I am concentrating only on what lessons to learn, how to enhance things.” With this, Nithyananda ended this interview. We could expect that for the benefit of our readers, very soon, for our readers, he will talk in great detail. She served me with devotion and motherly love.

55

129. The Complainant respectfully submits that the aforesaid act of the accused is a disgrace to the respected profession of journalism in this country. 130. The fact that the Complainant was in dire distress at the relevant time and that his ashram administrators were desperate to protect life and limb at his various properties and ashrams has been most conveniently exploited by the accused and their publication in the name of permissive journalism. 131. The voluminous interview that the accused have generated and fabricated, speaks volumes about the depth of their hostility towards the Complainant. 132. The accused have attributed to the Complainant statements that the sex seen in the morphed video “is a research in spirituality.” 133. By saying so, the accused have contributed to rampant ridicule

contempt

and

hatred

of

the

Complainant.

Considering that their publication is well circulated, the Complainant had become the laughing stock of countless men and women pursuant to the publication of their fake interview. 134. The letters to the Magazine editor consequent to the publication of that fictitious interview clearly reveal the extent of damage that was inflicted upon the Complainant by their actions. 135. One such letter to their editor reads as under: “Aaha…the explanation that Ranjithananda(!) gave for „service‟ has caused goose bumps. Like her for service, sorry for devotion, how many women have started out, I wonder…?” -

S.Gopalan, Chennai

56

“It is sure that the serial „Sarasam Sallabam Saamiyar‟ Charu Nivedita is writing in Kumudam Reporter is going to give weekly many ground breaking things. Kumudam Reporter always takes the first place in delivering the right serial at the right time.” -

K. Balajganesh, Kovilaampoondi

136. The accused have further stated: Even if you put him in prison he will heal the Dons there and become a Don of the Dons! 137. The Complainant respectfully submits that the aforesaid statement is most blatantly defamatory. The accused have connoted that the Complainant utilizes his healing powers to first heal a person and thereafter seeks to exploit the healed person by abusing the gratitude the healed person shows towards the healer. 138. The accused have further stated: Nithyananda has borrowed Yoga from Sage Pathanjali and Knowledge from Buddha and used it for his selfish gains. 139. The

Complainant

respectfully

states

that

the

accused

certainly were aware that Patanjali‟s Yoga sutras and Buddha‟s discourses are not patented and are freely available for any person to peruse and to implement. Under such circumstance, nothing prevented the accused to simply preach and to share with the world the benefits of Patanjali Yoga Sutras and Buddha‟s discourses. Similarly, whoever wishes to help the world is free to do likewise. The methods adopted by the Complainant are not a straightforward application of the Patanjali‟s Yoga sutras and Buddha‟s discourses. Each spiritual seeker is unique and so is the Complainant. As such, to erode the merit of the Complainant, the accused have published such baseless conclusions.

57

140. Further, for a fair assessment of the Complainant‟s depth and knowledge of spirituality, one would have to engage for a substantial length of time upon the discourses and sermons of the Complainant. It is evident that the accused could not bother to do so particularly when the accused would willingly concoct and publish an interview that never did take place. 141. As such, the accused‟s repeated denigration of the character of the Complainant is plainly defamatory and serves no public interest or for that matter has any legitimate connection with public discourse and debate. 142. The accused have further stated: One day, I was listening to Nithyananda‟s discourse (not for free, the admission was Rs. 5000!). There is no need to extoll saamiyar‟s speaking abilities. The speech has the power to hypnotize everyone who listens. To add to that, he cracked a lot of jokes in-between. There were many foreigners who were close. The Saamiyar was talking in Tamil. The talk was translated live for the foreigners. They had the instruments for that fitted onto their ears. Those white people were laughing for the jokes even before I did. Even if it was a translation, surprised how it could be done so quickly, I also wore the headphones. My surprise increased. 143. The Complainant respectfully submits that, as stated earlier, the claim of the accused to have paid to witness a spiritual discourse of the Complainant is evidently false. 144. Further the repeated insistence of the accused that the Complainant possesses the ability to hypnotize people with his speech is plainly offensive and derogatory. It never has been the motto or desire of the Complainant to charm or to hypnotize people who come to him. The Complainant respectfully submits he is in the honest pursuit of a spiritual

58

path. He does not wish to charm or to attract spiritual seekers and would never employ his skills and talent in aid of such unhealthy practices. 145. Further, to say that foreign devotees were laughing even before the sermon was translated for their benefit is to indicate to their readers that the Complainant devises artificial methods and appearances to entice spiritual seekers. 146. The accused have further stated: As the saamiyar spoke, the girl translated in beautiful English word for word at cyclonic speeds. I interviewed the girl during intermission. She has just finished her college studies and being attracted by the Swami's talk and healing had become a sannyasi in the ashram. She must have been just 22. I don't think even a country's Prime Minister would have such an opportunity. Like this hundreds of efficient women have been made sannyasis by the saamiyar. When I wonder what all of their fate would be now, my heart is troubled. Even their college certificates would be in the ashram only. What is their future? How much of a notorious act is Nithyananda‟s, after having preached

Brahmacharyam

to

these

folks,

having

amorous play with actresses? 147. The Complainant respectfully submits that the connotation from the aforesaid paragraph is plainly offensive. By saying that even the Prime Minister would not have had the opportunity to receive professional and linguistic services of young girls, the accused have clearly indicated that the Complainant is bound to exploit sexually and physically, the young women that the accused have described in their paragraphs.

59

148. By expressing concern at the imagined fate of these girls, the accused have indicated that these girls live a life of servitude at the ashram. Their offensive manner of writing is plainly derogatory and has indeed caused severe damage to the reputation of the Complainant. 149. The accused have further stated: The Saamiyar has written this in the book 'Jeevan Mukti'. Apart from this he has emphasized this in over 1000 discourses. I once asked him directly: “Swami, can women take up Sannyas when they are just 20?” (I used to call him Swami then. Only now I know that he is not Swami but a saamiyar!) This is the story he told in reply to the question. Like this he has thousands of stories. This is where he won over me who simply thought that he had read a lot. Once Buddha came to Kapilavastu where he was born and raised. He had a begging bowl in his hand. And Kavi dress on his waist. Disciples with him. His wife Yashodarai asked her maid, 'What is the commotion in the street?' When she knew it was the Buddha, she did not go. But instead called her son Rahul and showed the Buddha to him. “The person who looks like a king though he has a begging bowl. He is your dad! Go tell him that you are his heir.” Rahul was born on the same day when Buddha left the palace in search of enlightenment. He fell at Buddha's feet and told him what his mother had said. Buddha lifted him up, and with a smile, replaced his woven garments with saffron one. Rahul was 7 then. In this way Buddha gave his rightful inheritance to his son. Rahul was the only kid to join Buddha's Sangha. (Alright, did Buddha roll around with actresses like you?)

60

Now do you realize what a great cheat Nithyananda is? This false sannyasi kidnapped children using stories like this. The answer that former actress Raga Sudha gave me is another example as to how he and his disciples will cheat the world with their speech. 150. The Complainant respectfully submits that it is utterly unfortunate that the accused should find a twisted meaning in a very innocuous statement of the Complainant. By implying a twisted perception of all statements uttered by the Complainant, the accused have put to disgrace, a very valuable allegory that he has expressed in his writings. 151. Further, the use of the words „kidnapped children using stories like this‟ is most devastating to the reputation of the Complainant. The Complainant does not welcome children as his ashramites. Further, all of his ashrams strictly follow a rule forbidding any person to volunteer as an ashramite unless he or she has completed 18 years of age. 152. The accused have further stated: One more problem. The 1 lakh that I gave away to the KumbhMela Yatra with the Swami has not come back. When I was translating his English books in Tamil, each day nine or more people would call me from the ashram enquiring, „Is it done, is it done?‟ and take the life out. Now there hasn't been any talk in the ashram about the 1 lakh rupees. 153. The Complainant respectfully submits that the disingenuous reasoning that the accused have employed throughout their article is clearly evident from the aforesaid paragraph. The accused did say earlier that the Complainant would never give money to anybody. Nevertheless, it has been verified that the accused had indeed received the refund of Rupees One Lakh. As such, their denial in the face of their personal

61

knowledge is clearly deceitful and is a blatant attempt to injure the reputation of the Complainant. 154. The accused have stated in their box message that: Box Message: He and his disciples will cheat the whole world with their skill of speech. 155. As such, the box message that the accused have concluded with is utterly damaging and derogatory of the Complainant‟s reputation. 156. The accused have further stated: At Bengaluru, we met an important person belonging to the ruling B.J.P. He warned asking, “Are you going to the Nithyananda Dhyanapeetam? The situation is not conducive there. There is absolutely no possibility to photograph or conduct interviews there. I believe there are many rowdies there masquerading as devotees. There is every chance that with the anger they have upon media, they would attack you.” Inspite of this warning our journey continued. 157. The Complainant respectfully submits that the accused have simply continued their perpetual hostility by bringing forth an imaginary BJP

politician to simply express their own

malicious viewpoint. 158. The accused were further aware that until the said date, no journalist

had

ever

complained

of

mistreatment

or

maltreatment at any of the ashrams of the Complainant and even during the height of the scandal days, most television channels were beaming visuals of media men capturing the destruction of the property at the Bangalore ashram. 159. As such, by prophesying that there would be unsavory elements masquerading as devotees, the accused have merely

62

laid down the foundation for more deceitful and imaginary encounters at the Dhyanapeetam ashram at Bangalore. 160. The accused have further stated: Very

near

to

the

entrance

gate

of

the

Bidadi

Dhyanapeetam and adjacent to it there is a posh and modern room with glass partitions and windows. There we were able to see modern communicating equipments such

as

intercom,

and

Nithyananda‟s

principal

devotees, otherwise called Maharaj were attending to the monitoring job. At a distance, approximately one and half kilometers away from this gate, Dhyanapeetam buildings appeared to us as small dots. Very near to that place some big buildings are also being built. From this main entrance point it will be very difficult to gain entry without the permission of Dhyanapeetam. At the same time, by seeing we were able to understand easily that it would be more difficult for anybody to come out from the Dhyanapeetam. 161. The Complainant respectfully submits that the above version simply

fits

with

their

exaggerated

version

of

the

Complainant‟s properties and wealth - to say that the accused could glance into a distance of one and a half kilometers away from the gate to see additional gates and barriers. In fact, soon after the entrance gate, the next barricade is situated at a distance of about 300 meters from the first gate and is clearly visible from the first gate. 162. The imagination of the accused that any person from inside the ashram could not easily walk out is wholly misplaced. It is further surprising to wonder why the accused would not simply tell the security guards that the accused had come to seek his wife Smt. Avanthika. Had the accused only done so much, the security guards would have ensured that the accused would have been put in touch if only she was within

63

the ashram and the matter would have simply ended there without giving the accused any further room to perpetuate a false story. Quite amazingly, the accused does not seem to ask, based on his own report, for his wife at the gate at all. It is so much at odds that while on the one hand the accused expresses enormous concern for the safety of his wife while the accused sits and functions at Chennai, the accused would not bother to ask for her while at the gates of Nithyananda Dhyanapeetam at Bidadi in the State of Karnataka. Such contradiction

appears

to

be

a

convenient

method

to

perpetuate more false stories concerning the Complainant. 163. Further, had the accused only sought for his wife at the gate, the accused would have had no occasion to complain at all. His wife would have been put in touch with the accused – provided that she was indeed present at the ashram premises at the relevant time. 164. The accused have thereafter stated that: At the main entrance gate, we met Nithya Shivananda one of the principal devotees of Nithyananda, and informed him of the purpose of our visit. He contacted somebody over the telephone and told us, “What can I do if you come here all of a sudden? You should have talked with our Secretary and fixed up an appointment before coming here. Now he is not here. So you can‟t go inside. And there is no one who is in a position to give an interview to you.” And then he blocked the way and did not allow us to proceed further. We told him that we are there only because of the fact that Nithyananda in one interview had told that everyone was free to come to the Dhyanapeetam to know the truth. He thought over this for some time and gave us two cell phone numbers. He said, „Talk to the Secretary through this and get his permission‟.

64

But why I don‟t know, that ayyah did not accept our call. After a short while, a sturdy and rough looking young

sannyasi

came

there

on

a

two

wheeler.

Shivananda received the two wheeler from him and mumbled something to him. Shivananda then went inside the peetam. The sannyasi approached us. He then started talking to us- “Why do you stand here? Can you not understand when you are told once? Should we repeat again and again? You cannot see anybody now. Enough of trusting these media persons and getting cheated. You tell us that you will publish our side of the version but then you are writing only cheaply about us. Whatever our Swamiji has told in the interview, we have no instruction to allow you to enter. For us, the safety of the womenfolk, children without support and above all the safety of our Swamiji. If agreeable for you, you can leave your cell phone number with me. If by chance, permission is given, I will call you.” We did so. We waited approximately for more than three and half hours at the main gate itself. In spite that, we did not receive any positive answer. On the contrary, a sense of fear developed in us as a group of well built rough Swamis in sannyasi clothes came and stood near us. We had a feeling that it may not be safe for us to stay there any longer. As we felt the inner warning, we left the place. Contrary

to

the

information

emanating

that

Dhyanapeetam was functioning as always, to what we saw directly, there was not a bit of connection. Nithyananda

Dhyanapeetam

which

has

a

gala

atmosphere, with verses and devotional songs and devotees working around in cheer, it looked like a desert.

Even

though

Nithyananda

has

told

that

journalists could visit the ashram anytime to know the

65

truth, the reality was that not a fly or crow could enter. But some people belonging to that locality strongly said that Nithyananda was very much inside the peeta. 165. The Complainant respectfully submits that all ashramites at the gates are always instructed to be very respectful to every person who appears at the gates. As to limited restriction on media personnel at the relevant time, such restriction might have been imposed for the sole purpose of ensuring that some trouble-makers and unsavory elements from the locality would not barge into the premises on the pretext of being media personnel. It is improbable that any person manning the gate would have spoken with such rudeness to any visitor; even to those without prior appointment. 166. The

security

staff

at

the

relevant

time

having

been

interrogated by the Complainant, they have flatly denied every allegation leveled against them by the accused. It is quite surprising that the accused would not shoot photographs of the so called „Rough Swami‟s in sannyasi clothes‟. There are no such rough Swami‟s in Sannyasi clothes. 167. The security at the Dhyanapeetam entrance is no more vigilant than is the security at any other religious institution. 168. The Complainant denies on ever having counseled the accused on how to control his overflowing lust from his body and

mind.

The

Complainant

clearly

understands

the

complicated nature of physical lust and he would never advocate methods such as avoidance of garlic, onions, ginger, chillies, salt, non-vegetarian food and alcohol in one‟s diet for the purpose of controlling lust in one‟s body – though such a form of abstinence is often practiced by his devotees. To the contrary, the Complainant has often indicated that the human body may develop lust even while it maintains a perfectly controlled diet. It is not the

nature

of the

Complainant to offer such bogus counseling to any person

66

who walks into his doorstep. The Complainant is a man of measured speech and he wholly denies the giving of any such hurried and ill-thought out counseling. Original

news

report

- Translated news report

Annexure F

–

Annexure F1

Date of

Volume: 9

Issue: 99

Publication: 25-Mar-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

169. The accused have further stated: There is a healing course for two days. If you pay Rs.2000 and attend this two day course, you can also become a healer. That is, if anyone comes to you with some disease, by the strength of your healing power and the healing power that „saamiyar‟ has given you, you can heal the other person‟s disease. 170. The Complainant respectfully submits that the accused was certainly aware that no person could simply register for a healing course unless he has had the requisite training and experience

imparted

in

the

following

courses:

Ananda

Spurana Program, Nithyananda Spurana Program and Bhakti Spurana Program. As such, to say that it is enough for a person to pay Rs. 2000 to become a healer from the ashrams established by the Complainant is both inaccurate and misleading. 171. The Complainant further submits that the accused have deliberately painted a very simplistic picture of the training imparted at ashrams established by the Complainant so as to support their further statement that science itself assures

67

peace of mind if one were to simply close his eyes for 30 minutes. 172. By omitting material particulars of the training imparted at the ashrams, the accused have greatly injured the reputation of the Complainant by conveying a message to their readers that nothing substantial might have been imparted to pupils in such training programs. 173. The accused have further stated: ….Many

pretty

brahmacharinis

and

Raga

Sudha

compelled me to take the healer‟s course… ….But all that I have said, Raga Sudha and those beautiful brahmacharinis did not understand. 174. The Complainant respectfully submits that it is manifestly insulting to the numerous dedicated Brahmacharinis at ashrams established by the Complainant to be described as „pretty‟ brahmacharinis. The Complainant does not consider the physical attributes of any devotee in order to determine whether

such

a

person

should

be

initiated

into

„brahmacharya‟. It would be a sheer coincidence that some of the devotees are considered pretty by subjective standards. The repeated reference to brahmacharinis in their articles describing them as „pretty‟ is clearly demeaning to their dignity and to the dignity of their parents and relatives. It is further not true to state that a given brahmacharini would compel another person to do or to abstain from doing anything. Certain enquiries were made by the Complainant and it has been most reliably learnt that no brahmacharini did ever force, much less compel, the accused to consider enrolling for one or more courses offered at the ashrams established by the Complainant. As such, their constant reference to brahmacharinis as „pretty brahmacharinis‟ is a

68

clear attempt to diminish the well-earned name of the Complainant. 175. The accused have further stated: They all were brain washed to such an unbelievable extent. Like a broken tape recorder they kept on repeating the same thing that they said. 176. The Complainant respectfully submits that as already stated above, the policy at ashrams established by Nithyananda Dhyanapeetam is one of spiritual independence and freedom. If any of the devotees of the Complainant did advocate any specific practice not palatable to the listener, the same would have been very regretful. The Complainant has made certain enquiries and has clearly learnt that no Brahmacharini or devotee did ever advocate anything that the accused did not express an interest to know about. 177. The accused have further stated: Let that be. On March 3rd, I called Avanthika and told her, „Just starts immediately and quickly come away from there.‟ To that she said, “Outside all the news reporters and police are there. I do not know whether they will think that I am a KumbhMela yathri devotee or they will think of me otherwise. I do not want any problems. I will leave when everyone else leaves”. I said, „Are not husbands writers too? What to do if these husbands based on what I write about this saamiyar bring threat to your life?‟ She did not understand what I said. She said, “No, They will not do that.” Who knows… A saamiyar who preached brahmacharyam to the whole world, was rolling in bed with an actress. Who knows what else damage he would cause? Since I knew it was no point talking to Avanthika anymore I called on a friend in

69

Bengaluru, Rakesh. I asked him and his friend to go and get Avanthika from the ashram. Something told me that a man alone is not enough to go and get Avanthika out of danger. Rakesh and his girl friend are both in high positions in their career. They can‟t just take off like that. But still they both went to get Avanthika immediately without making a big deal of it. Bidadi ashram is an hour‟s drive from Bengaluru. But the one thing that Avanthika told me even in this state of scary excitement, when she got in touch with me after this, moved me. She said, “Ask Rakesh to go back. I cannot leave the 300 people who were supposed to leave with me for KumbhMela and come away alone. That would not be right”. I told Rakesh to head back. Then when I tried reaching Avanthika, the „switched off‟ message came. This was when I saw on TV that the Bidadi ashram was being burnt. 178. The Complainant respectfully submits that it is most regretful that the accused has abandoned all norms of acceptable journalism in suggesting that his wife might have been exploited at Nithyananda Dhyanapeetam in Bangalore. At the relevant time, Smt. Avanthika was a committed devotee of the Complainant and the Complainant is deeply aggrieved to see that no less than her own husband has seen it desirable to speculate to the world that she might have been brainwashed at Nithyananda Dhyanapeetam 179. The accused have further stated: I called Sadananda with great fear. This was the shocking thing he told me, “Ayah, I fall at your feet and beg you. Kindly stop putting the series of articles that you are doing now on Kumudam Reporter”. Sadananda is swami‟s right hand. All those who fall at swami‟s feet

70

will also fall at Sadananda‟s feet. It is he who said this. Not only that… Another matter that he told me was atrocious… For a person like me who writes openly without censoring anything, for me itself to hear what he said is delicate. If I write that in Reporter I do not know if they will they publish it. I will discuss with the editor and then write about it in the next issue. (My God! In one article how much suspense only to hold?) 180. The complainant respectfully submits that it has been learnt from Nithya Sadananda himself that he never did express anything other than a mere desire to see such blatantly false stories stop. He has further indicated that he would be pursuing defamatory remedies at his own behest. It is inappropriate on their part to say that Nithya Sadananda is the Complainant‟s right hand or that whoever falls at the Complainant feet also falls at Nithya Sadananda‟s feet. 181. The Complainant submits that Nithyananda Sadananda is a trusted and a greatly respected administrator of some of the trusts established by the Complainant. The Complainant does not share any level of intimacy with any of his devotees or his administrators. As to the aspect of his devotees falling at the feet of Nithya Sadananda, the Complainant knows nothing and no person who visits the ashram of the Complainant is ever asked to fall at any person‟s feet. 182. As such, to claim that whoever falls at the Complainant‟s feet would also fall at Nithya Sadananda‟s feet is to describe a picture of sycophancy that simply does not exist at the ashrams established by the Complainant. Original

news

Annexure G Date of Publication:

report

- Translated

news

report

Annexure G1 Volume: 9

Issue: 100

–

71

28-Mar-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

183. The accused have stated: People were agitated. Ashram is burning with fire. 184. The Complainant respectfully submits that the accused have provided an impression that the ashram was lit and burnt by people who were spontaneously agitated by whatever was shown on television. Such a depiction is wholly false. The ashram was partially attacked by unsavory paid goons and criminals who were individually identified later and the motivation for their criminal acts is believed to be a certain desire to grab the holy land belonging to the Nithyananda Dhyanapeetam at a time of severe distress to the inmates therein. 185. As such, their repeated reference to ashram property being damaged or destroyed by persons agitated at the turn of events is without any basis. 186. The accused have further stated: I dint get angry on the abuses thrown at me, but I was surprised. I didn‟t understand why they are angry with me. There is one popular pub in Chennai. I used to visit there once a week. One day there was too much salt in chicken -65 (Indians take too much salt and spice in an unimaginable quantity). I told this to the bearer and he said sorry and took it away. When brought again still the salt was too much. I kept it aside. This Saamiyar matter also I took the same way. We hear one matter, if we don‟t like this we throw it in dustbin; what more is there in this?

72

187. The Complainant respectfully submits that the comparison the accused have drawn between their impression of the Complainant and their dissatisfaction with some chicken dish is most insulting to the good name and reputation of the Complainant. The accused have most clearly abused the journalistic privilege that has been accorded to them in a highly despicable manner. 188. The accused have further stated: I like sannyasis. There is one English proverb - opposite poles attract. Even in dreams we cannot renounce the one which we like the most, what else, women! But these people have renounced that and living, I admire that, for this reason I have felt the liking towards sannyasis. We have not seen Ramakrishna, Shirdi Baba, Ramana Maharishi, and now if we have a master like them; it‟s our luck, is it not? Now a person is claiming to be them and performing miracle, that‟s all I have fallen for it; that is what happened. I don‟t know why people are attacking me for this. 189. The Complainant respectfully submits that their interest in him was not kindled by any specific declaration made by him as to his „brahmacharya‟ or his celibacy. The Complainant has never seen any need to draw any person to himself by claiming to be something or the other. The Complainant does not recall ever having proclaimed himself as ever being a celibate for the purpose of enticing one or more persons towards him. As such, if the accused did develop a significant desire

to

learn

about

the

Complainant,

the

same

is

attributable to their own desire and not to any specific actions of the Complainant- simply because the actions of the Complainant are never geared towards securing any kind of reaction or conduct from any of his listeners. 190. The accused have further stated:

73

In this state of confusion and anxiety, I dint understand what to do still I consoled myself with the thought that, for Avanthika no harm will happen. She is the reason for that too. She had a strong intuition in her. She was telling me many times, “After this KumbhMela, we have to leave swami, something is wrong, I don‟t know what that is. This is the last time we have to go there.” One or two days before this Ranjitha matter got out, Avanthika was telling me with worry, there is something inside her, telling that this is the last time she might be coming inside the ashram. 191. The

Complainant

respectfully

submits

that

based

on

subsequent conduct of Smt. Avanthika wherein she was in touch with some ashramites and she did further meet and seek blessings of the Complainant, it is evident that the aforesaid paragraph is false and so, to the knowledge of the accused. 192. Assuming however that the aforesaid paragraph is indeed based on actual events, the Complainant would respectfully submit that the premonition expressed therein did not occur largely because of the faith and devotion canvassed by Smt. Avanthika in the character and merit of the Complainant. 193. The accused have further stated: Reason is, more than Ethiopia, this GOD considered America as a mother‟s house. 194. The Complainant respectfully submits that the United States of America is a nation that encourages diversity of religious beliefs. It is also the place that is very hostile to religious practitioners who do not sufficiently reflect upon what they preach or practice. The Complainant holds no attachment to the United States of America and if he had to spend a considerable part of any year on that soil, the reason for such

74

stay was simply the desire of his devotees and sponsors at that location. 195. The Complainant has not earned Rupees 5000 Crores and to further say that so much money was earned in a mere 5 years is plainly derogatory and injurious to his good name and reputation. 196. The accused have further stated: There was no communication with Avantika after that. I thought of contacting the police, but what will the Chennai police do for the problem in Karnataka. Moreover

Karnataka

police

was

surrounding

the

ashram. In that confidence I left the thought of going to the police. Moreover Avanthika was not alone; she was with the group of 300 people going for KumbhMela. At midnight 2.00am I got a phone from Rakesh informing me that they have takes Avanthika safely outside. After all the reporters went to rest, ashramites safely took all the KumbhMela participants outside ashram I believe. For that act I thank from my heart all the ashram sannyasis. 197. The Complainant respectfully submits that the accused were clearly aware that Smt. Avanthika was lodged at Nithyananda Dhyanapeetam out of her own free will and desire. She was free to leave at any time of the day or night. Their concocted anxiety is without any basis and has been expressed on paper for no reason other than to malign the good name of the Complainant. 198. The accused have further stated: In my last magazine issue, we saw about Sri. Nithya Sadananda, he is ashramNo.2, Saamiyar‟s Secretary. He is called as AYYA by all.

75

199. The Complainant respectfully submits that the accused lacked any basis to state that Nithya Sadananda was placed at No. 2 in a hierarchy imagined in their own mind. There is no hierarchy within any of the ashrams of the Complainant. 200. The accused have further stated that: This happened 10 years before: Sadananda and his premonastic wife are the 2 main pillars of that ashram. Another main reason why they took sannyas was, at that time there was no one to take care of Nithyananda. Because of being in Samadhi for many days, his body became very lean. When Nithyananda has a little bit of spice in his food, he would excrete blood, he was literally like an orphan under the banyan tree in the place called Bidadi. During these times they both only looked after him like a child. Only after that ashram became

such

a

big

organization

with

1000„s

of

branches. 201. The

Complainant

considers

that

truthfulness

and

righteousness are the only pillars of any religious institution. As such, to attribute any specific individual or family to the establishment of the ashrams of the Complainant is quite misleading. Nithya Sadananda and his devoted wife Ma Nithya

Sadananda

are

invaluable

members

and

administrators of Nithyananda Dhyanapeetam. However, to the Complainant, they are his devotees and he is greatly indebted to the services of all of his devotees. There has never been any point of time when the Complainant sought the services of any of his devotees on the ground that he was not adequately

cared

for

or

nurtured.

At

Complainant has maintained a fierce

all

times,

independence

the in

thought, mind and deed. 202. The Complainant respectfully submits that as previously stated, their concoction published in the name of being an

76

interview with the Complainant has caused permanent and irreversible damage to the good name and reputation of the Complainant. Original

news

report

Annexure H Date of

- Translated news report

–

Annexure H1 Volume: 9

Issue: 101

Publication: 01-Apr-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

203. The accused have stated: This is what the editor said, “One of his friends, along with his wife, is a staunch follower of Nithyananda. The couple has one daughter, a college student. This fake saamiyar has caught her in his

web, using his

mesmerism he usually uses towards young girls. As soon as she finished her college education, she is adamant to become a brahmacharini in the Swami‟s math. The couple did not have other children. They did not want to gift their only daughter to the Saamiyar. The daughter, however, was insistent. The girl insisted that she will go only to saamiyar and went and joined also. The family itself was devastated”. 204. The Complainant respectfully submits that the choice of their words is blatantly defamatory to the reputation of the Complainant. In describing the Complainant as a deceiving Saamiyar, the accused have set the tone for a false story in the balance of their paragraph. The accused have neither named the girl nor her parents and if only the accused had bothered to state their paragraph in greater detail, the Complainant would have most befittingly provided this

77

Hon‟ble Court with information on why their assumption or concoction was baseless. 205. The Complainant does not entice anybody and the very concept of enticement is not known to his style and manner of propagation. The Complainant is fully aware of the fact that a few youngsters cultivate a liking towards spirituality and would pursue on their path much against the will of their own parents. The Complainant would generally insist that parents should consent to the act of their children enrolling themselves

for

various

volunteer

services

at

ashrams

established by the Complainant. 206. At any rate, all ashrams established by the Complainant have a non-waivable policy of not enrolling any person unless he or she is above 18 years of age. As such, the policy at Nithyananda Dhyanapeetam and various other ashrams of generally insisting on the consent of the parents is a policy that would be waived under certain circumstances where the persons seeking to enroll demonstrate a will strong enough to override

that

of

his

or

her

parents.

Under

such

circumstances, the Complainant determines that the person above the legal age of consent is in the best position to decide upon what is in his or her best interest. 207. The accused have further stated: Hearing this, I was shocked and enquired of the ashram. They replied, “that they do not compel any one to join the ashram”. I got back to the friend and enquired, and they said, “that they had to unwillingly sign the consent form, simply because their only daughter wanted it that way.” It was then that I grew suspicious about the saamiyar for the first time. It is true that there is no compulsion in the matter, but to change the attitude of the people by brain washing them is a terrible criminal activity.

78

208. The Complainant respectfully submits that no parent is asked to sign a consent form when they do not orally consent to their ward enrolling for various programs at the ashram. The Complainant respectfully expresses displeasure at the act of a parent signing a consent form under such circumstances. If only the parent had declined to sign the consent form, the Complainant would have then called in both the person as well as her parents to an appropriate counseling session and would have determined thereafter whether the girl possessed an independent will to override the desire of her parents. Had the Complainant discovered that the girl did not possess sufficient understanding of her own actions or that she did not possess a will strong enough to justify a departure from her parents‟ wishes, the Complainant would have then determined that the girl would not be eligible for enrollment at the ashram. As such, by their act of signing the consent form when they did not truly consent, the parents of the unnamed girl have done a disservice to their own child. 209. However,

the

Complainant

has

always

instructed

his

administrators to closely scrutinize the adjustability of ashramites who come in without their parental consent and to monitor them for signs of distress. Should any such ashramite

exhibit

symptoms

of

parental

longing,

the

administrators would promptly inform the parents and work out appropriate remedies. 210. The accused have said that the Complainant brainwashes people and that such brainwashing is a terrible criminal activity. The accused possessed no basis whatsoever to say that the Complainant brainwashes people. The Complainant is a religious practitioner and all that he does is a legitimate spiritual and religious propagation.

79

211. It is therefore thoroughly derogatory for the accused to so state and their statements have eroded the well-earned reputation and character of the Complainant. 212. The accused have further stated: In the villages, when small children refuse to eat, we frighten them saying, „the child lifter is coming‟. Likewise Nithyananda is also a swami who lifts young girls, the suspicion began to grow for the first time in my mind. 213. The Complainant respectfully submits that their above assertion is defamatory to very hilt. By saying so, the accused have cast a devastating blow to the reputation of the Complainant. 214. The accused have further stated: The ashramites would not compel any one, but they will strike a tour weak points. My friend is a famous writer. His child has a problem. A variety of treatments could not cure him. Somehow, getting hold of his address, continuously letter have been going to him, stating, „Swami will heal your child, come to Bidadi.‟ 215. The Complainant respectfully submits that the ashramites would never solicit any person to visit the ashram for the purpose of receiving healing. At best, they would gladly welcome whoever is keen to visit the ashram. As such, it is most emphatically stated that if only the accused had bothered to take a look at whatever letter or communication the accused are writing about, no such solicitation as the accused have adverted to would have become evident to the accused. When the accused say that somehow the ashram would get hold of a person‟s address, the accused seem to have not probed their friend to some more extent. Most likely, their friend might have registered his name and address with

80

the reception at Nithyananda Dhyanapeetam with a request that he be sent invitations for future religious events. Accordingly, Nithyananda Dhyanapeetam might have sent him an invitation to one or more ashram events. 216. Nithyananda

Dhyanapeetam

or

other

ashrams

of

the

Complainant would never solicit the visit of any person or devotee. 217. The accused have further stated: My friend, however, is an atheist; he did not take note of the ashram letter. „If you do not want to come, it is ok. We will send our healers to your place, and your child will be ok‟, the letters came repeatedly. My friend, angrily, wrote a nasty letter in reply. In our Tamil Nadu, every one, without distinction of rich or poor, has health problems. If we do not have, some of our dear ones will be having it. They are the target of Nithyananda and his disciples. Solving the problem using his proficiency in black magic, winning over the concerned people, and lifting the young girls, is the swami‟s plan. 218. The Complainant respectfully submits that it is utterly outrageous on their part to state that the Complainant uses black magic and is proficient in black magic. As such, the accused have most violently eroded the reputation of the Complainant. 219. The accused have further stated: This man-lifting is done by the ashramites with great efficiency. Having somehow come to know that one of the politicians of Tamil Nadu is my friend, they began to pester me with a request to bring him to the ashram once. Am I a political broker? What do they think of me? In the end I had to tell them the truth. I told them that if I tried to tell that politician their request he will beat

81

me and chase me away, because he was brought up in an atmosphere of intellectual temperament. Further I told the ashramites unambiguously, that „I am busy doing the translation work given by swami, and each one of you should not ask me to do this and that‟. 220. The Complainant respectfully submits that it is denied in entirety that their services were ever sought by any person in the ashram to introduce any politician, let alone a big politician from Tamil Nadu to the Complainant. 221. The Complainant has had a diverse devotee base from the very inception and the goodwill of politicians would become necessary to the Complainant if only the Complainant could not secure his work through transparent channels. It is a policy of the Complainant to secure all works in a transparent manner and he therefore is in no need of special favours from the government or from politicians whether from Tamil Nadu or from elsewhere. 222. As to the work of translation that the accused are referring to, it has been brought to the notice of the Complainant that the accused insisted on volunteering his services for the benefit of the Complainant and that most reluctantly, the Complainant offered to the accused the work of translating certain books from English to Tamil. As the accused has himself stated, the accused was considered an important person by some of the ashramites who had further wanted the accused to introduce some big ticket politicians of Tamil Nadu to the Complainant. If only that were so, it is surprising that the accused was also subjected to some form of harassment from ashramites asking the accused to do one thing or other. 223. By needlessly lying about and defaming the people around the Complainant, the accused have inflicted much damage to the reputation of the Complainant.

82

224. The accused have further stated: But they would not be put off. „Will you become an ashramite?‟ They will continue to torture over phone. I would shout at them like anything. They will keep off the phone, saying „sorry‟. The next day, another girl‟s voice will be heard over the phone, “Would you like to participate in the Nithyananda programme of Swami Nithyananda, who is the incarnation of God?” Apart from wandering like mad caps, they tried different ways to make me one like them; I shall tell about that later. The ashramites main job is to target people with high influence

particularly

politicians,

film

actors,

industrialists etc., they would chase them as one hunts down animals. If service to the people was the aim, it could be done straight away; why need politicians and film stars for that? Because Swami‟s aim is not service, but money, money and money. Not satisfied with Rs.5000 Crores accumulated in five years, Nithyananda was in a fiendish hurry, driven by uncontrolled greed, to buy the world in the next five years. He was running in the speed of the ghost. That itself has today caused his down fall. 225. The Complainant respectfully submits that he has made certain enquiries and has ascertained that the accused were not subjected to any form of botheration as claimed in the aforesaid paragraphs. 226. As to their claim that the Complainant accumulated Rs. 5000 Crores in 5 years, the Complainant respectfully submits that the said claim is wholly false and baseless.

83

227. The Complainant further submits that he has never sought material wealth for himself or for any person under him in a manner suggested by the accused. 228. The accused have further stated: At one stage they began man-lifting in a disgusting fashion. Once, having come to Bidadi from Chennai, I was sitting in the ashram, being tired after traveling. Then a beautiful brahmacharini came to me. She began, “Sir, you are the editor of a news magazine ….” “a writer,” I interrupted her. “Ok,”

She

said,

and

added,

“Our

swami

is

an

incarnation of God. Why don‟t you mention this to the other editors and arrange for a serial to be published in every magazine regarding the swami?” “Why can‟t I throw you down and stamp you?” I felt like asking her; but did not. On the contrary, I said, “If I mention this to other editors, they will come to kick me only”. But she did not understand what I said. Having been brain washed, she kept saying the same thing again and again. I felt pity for the girl. Talk to any ashramite, they will talk to you as if they have escaped from an asylum. Actress Raga Sudha herself is an example for this. I asked her a simple question, „When is swami returning from the USA.?‟ Immediately, „ha ha ha ooh ooh ooh…. „ She would talk something irrelevant for some ten minutes, as if lost in an ecstasy of devotion. I would regret having opened the talk with her getting caught. 229. The Complainant respectfully submits that he states with reasonable certainty that no person was ever instructed to induce the accused to write favourably about him in any newspaper.

Similarly,

the

Complainant

also

states

84

emphatically that it would have been unethical for any person to ask the accused to influence their fellow journalists in the matter of favourable coverage of the Complainant. 230. The Complainant respectfully submits that as a journalist, the accused had a clear duty to reprimand any person for asking the accused to influence their journalist friends. Journalism is always about the truth and it is utterly surprising that the accused did not firmly tell the person who is supposed to have tormented the accused asking the accused to favourably influence other journalists. 231. As such, by conveying an impression that the people under the Complainant would adopt unethical means to secure publicity for their master, the accused have most definitely defamed the character and reputation of the Complainant. 232. The accused have further stated: There

is

another

reason

why

almost

all

the

brahmacharinis of the ashram are beautiful young girls. The swami does not cast his net for the poor, simple folk. His targets are those of the higher strata of the society. His private secretary, Gopika, was working for a monthly salary of Rupees one lakh, before she became a brahmacharini of the ashram. Another segment of the society where the swamiar casts his net: Widows who have lost their husbands. Look at the advertisement for the camp for the training of blissful life, known as „Life Bliss Technology (LBT)‟: “For service-minded girls of above eighteen years, and single

women

(widows),

with

no

external

world

responsibilities or duties, this training is a boon”. 233. The Complainant respectfully submits that he does not discriminate between „attractive‟ and „unattractive‟ people. The private secretary of the Complainant, Ma Nithya Gopika

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chose to involve herself with the activities of the ashram. The Complainant is not aware of Ma Nithya Gopika‟s prior calling in her pre-monastic life. Nevertheless, the Complainant is quite aware of several individuals who had relinquished a profitable business or a lucrative career for the purpose of fully involving themselves with the activities of the ashrams established by the Complainant. 234. The Complainant does not perceive anything out of the ordinary when an individual in a high paying position or job relinquishes the same for the pursuit of spirituality or religion. The world is awash with examples of such kind. Intelligent men do not lament at such transformation. As to the mention of widows in some of the promotional literature for some of the training programs, the Complainant notes with concern the lamentable state of countless number of widows in this country. The Complainant is not unaware of the atrocities perpetrated upon widows and other women without dependence in this country. 235. As such, some of the programs of the Complainant are specifically targeted towards the upliftment of the widowed class of women. To cast a sinister meaning to such a social welfare measure is a gross form of perversity. Accordingly, by saying such things, the accused have most blatantly defamed the character and good name of the Complainant. 236. The accused have further stated: I lost whatever little respect I had for Nithyananda, after his recent interview. The saamiyar says that his amorous act with Ranjitha in his bed room was a spiritual experiment. He blabbers, as a pick pocket does to the police when caught red handed. Does the saamiyar say that, when he indulges in amorous acts with the actress after initiating thousands of people into Sannyas, no one should question that? I

86

had received some threats that I should not write about Ranjitha. No one has a right into intrude into some one‟s private space, they say. Did they videograph Ranjitha when she was in the company of her boy friend? If she has sexual relation with a saamiyar, who claims himself to be God before Crores of people, will it be a private affair? Even if you cheat one person, it is a crime before the law. The saamiyar has cheated Crores of people; outraged the spiritual traditions of India. Since he has indulged in sexual activity in saffron clothes, it is an act of religious outrage as well. The actress would be also guilty, having been a party, with the saamiyar, to this criminal activity. Now having been caught, „this is my private affair‟, says the saamiyar. Whose private affair? What to say of the families, whose members trusted him to be a swami, and who have been ravaged and dragged to the streets by the saamiyar? Do you know how many thousands of parents became orphans, having lost their daughters to this saamiyar? A number of husbands have complained to me that, after hearing the swami‟s lectures, “Our wives are refusing to have marital relation with us”. Are these not trespass into others‟ bed rooms? No one should enter the swami‟s bed room. But he could enter every body‟s bed room; how is that? 237. The Complainant respectfully submits that it is an utterly criminal act on the part of the accused to first fabricate a non-existent interview and to thereafter express outrage at their own fabrication. Such outrageous acts constitute the most daring acts of criminal defamation. Accordingly, the accused are held fully responsible for criminally defaming the good name and reputation of the Complainant. 238. The accused have further stated:

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There is a nine day-programme, called „Nithyanandam‟. Fee

for

that

is

Rs.50,000.

Most

of

those

who

participated in that programme have got their names changed. I have seen many who have got their names changed like this. The swami who trespassed into every aspect of an individual‟s life, is now crying pitiably hoarse. The saamiyar‟s Brahmacharya training camp is also well known. This is how its publicity goes: “Come, you Vivekanandas! Is a conflict-free world your dream? Is it your aim to become enlightened? Do you want to adopt appropriate

method

of

asceticism?

Take

part

in

Nithyanand‟s Ananda Brahmacharya!” 239. The Complainant respectfully submits that not every person is allowed to enroll himself for a nine day course. The nine day course is a highly intensive program that is suited to very few individuals and their depiction of such a course as an ordinary refuge for any kind of person is wholly inaccurate. 240. As to change of name, each person chooses for himself whether to retain his old name or to adopt a new but unique name for the purpose of progressing in his own spiritual path. It is well established that an individual‟s mental wellbeing is at times influenced by the regard he places on his own name. 241. Many spiritual seekers find it desirable to embark upon a new lease of life by discarding their old name and by adopting a new spiritual name. Many of the individuals who undergo advanced training courses under the guidance of the Complainant simply chose to do what many other spiritual seekers elsewhere also do. As such their unwarranted ridicule of name change by interested devotees of the Complainant has indeed affected the credibility of the Complainant and therefore

constitutes

reputation.

defamation

of

his

character

and

88

242. The accused have further stated: This „Ananda Brahmachari‟, who teaches Brahmacharya to the world, had indulged in water-sport in the company of six naked women, in a tank in the center of a cave situated some thirty kilometers from Kuttraalam. I shall tell in the next issue, as to who those women were,

what

was

the

spiritual

research

that

was

conducted there. 243. A letter to their publication as published in the aforesaid article reads as under: It is disgusting to hear Nithyananda who calls his sex leela a „spiritual research‟ in his interview, talk about blame and sin. Are Hindus fools? People won‟t leave such saamiyars scot free! -

Lemurian, Tiruvannamalai Nithyananda‟s „managing‟ interview is good. Till now we thought he is doing only spiritual research. But by saying, „That also is a spiritual research‟, he has proven that he sought bliss everyday.

-

S.Gopalan, Chennai

244. It is completely outrageous on the part of the accused to say that the Complainant took part in water sports with naked women and that too in the vicinity of a holy shrine. The depths of their perversity seem to know no end. No such event was ever organized and no such activity did ever take place. The Complainant would never consent to water sports with naked human beings. Further, water sports between the sexes would never be endorsed by the Complainant. As such, the accused have most criminally defamed the character and good name of the Complainant. Original

news

report

- Translated news report

–

89

Annexure I

Annexure I1

Date of

Volume: 9

Issue: 102

Publication: 04-Apr-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

245. The accused have stated: We used to address Pranananda Maharaj lovingly as Prana Maharaj. Young in age, he is a bundle of energy always running and doing something or the other. When Prana called me over phone with „Namaste Sir,‟ I was surprised, because Nithyananda does not allow his disciples to greet people with „namaste‟ or „good morning‟. In the same way that they had a separate flag, separate God (who else but the amorous Saamiyar himself!) and a separate system of worship, they have a separate style of greeting as well. Just as we greet one another with, „namaste‟ and the like,

the

Saamiyar‟s

disciples

would

greet

with

„Nithyanandam‟. They will pronounce this in a peculiar musical tune. Even when I was under the hypnotism of the saamiyar, on hearing this musical greeting, I used to feel inside me like returning the same with „kick you‟ in the same tune, but used to return the greeting with a smile. So far maximum number of people have been killed in the world, not in the name of women, nor for expansion of empire, nor for communal reasons, but only in the name of religion. When that is the case, why another division, another flag, another God? Aren‟t the existing Gods, and the blood-letting in their names, enough? Because I thought on these lines, this kind of greeting irritated me.

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246. The devotees of the Complainant greet each other and the rest of the world with whatever words they deem auspicious and acceptable. It so happened that they chose the word „Nithyanandam‟

for

the

said

purpose.

The

word

„Nithyanandam‟ therefore represents the consensus between devotees on how to address each other and the rest of the world. If the accused were agitated at any point of time with such manner of addressing, the accused ought to have informed the devotees about their disapproval and the devotees would have simply refrained from addressing the accused in a manner that was not to their liking. 247. The

accused

clearly

knew

that

the

devotees

of

the

Complainant are a very small minority when compared to the general population within which they reside. As such, a minority group could have never adopted a certain convention that would displease the general population. As such, the accused are free to express mere displeasure so long as the accused do not indicate to their readers that the devotees of the Complainant have certain hidden motives in adopting such a convention. The fact that the accused have so indicated can only lead to the conclusion that the accused clearly wished to defame the good name of the Complainant. 248. The accused have further stated: Nithyananda is complaining plaintively, that his private space and personal life have been invaded; but people like Prana should understand, how many thousands‟ private space and personal lives have been outraged by him. A reader had phoned me (for the sake of his safety, I do not mention his name or place). Attracted by Nithyananda, having completed many of the trainings, he took healing training and has been giving dhyaana healing to people. So far as Nithyananda is concerned, when someone joined him, he should immediately

91

become his missionary. I should say that the best suited candidate for the first prize in this regard would be actress Raga Sudha. I am a severe critic of Osho, J.Krishnamoorthi etc.; Raga Sudha is the one who converted even one like me. I have seen in the company of the saamiyar, many film personalities from Vishnu Chakravarti to many of the leading stars of today. But I do not know how the Bollywood actor, Vivek Oberoi fell for the saamiyar. I do not think that Raga Sudha has any

influence

Kodambakkam

in is

Bollywood… concerned,

she

But

as

far

was the

as

bridge

between Kodambakkam and saamiyar. Our reader also, likewise, had talked to all people he knew, and brought them to Nithyananda; or, he had attempted that. Therefore, now he has become a butt of their ridicule. 249. The Complainant wishes to state that no obligation of any kind is cast on any individual who joins his ashram to perform any missionary kind of activity and to recruit more volunteers. Ms. Raga Sudha a popular actress was a highly regarded devotee of the Complainant and her good words about the Complainant to her friends and acquaintances are not the responsibility of the Complainant or of his ashrams. 250. Ms. Raga Sudha was at no point of time requested or instructed to spread word about the Complainant. Neither Vishnu Chakravarthy nor Vivek Oberoi was ever asked to tell anybody about their association with the Complainant. 251. The certain individual that the accused have spoken about might not even exist and if he does, the Complainant would respectfully submit that no such hostility as the accused have later described was visited upon such an individual. 252. The Complainant respectfully submits that trouble makers and those who unleashed violence at the relevant time were hired

goons

and

criminals

with

a

specific

mission.

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Accordingly the Complainant is of a bona fide belief that the public anger witnessed at the relevant time was simply staged by vested groups and was not a spontaneous expression of anger. 253. Accordingly, their unwarranted commentary on the private practices of the devotees of the Complainant has cast grave suspicion on the character of the Complainant and is therefore defamatory to the character and reputation of the Complainant. 254. The accused have further stated: The day when the Swami-Ranjitha sex CD was telecast through the media, a big crowd had gathered before his house with the intent of burning it. He fell at their feet and apologized, and thus saved his life and his house. How many like him? One? Two? Now you tell me, what punishment should be given to this fake saamiyar, who is the cause of all this? Not even a hundred death sentences will suffice for the cheating that he had done. But in our country such crimes attract no punishment. That was not the end of the reader‟s troubles. The reader had sung the praise of the Swami even before the local police inspector. Not only that, instead of the formal greeting, he had used „Nithyanandam‟ while greeting the inspector. Now that inspector greets him saying „Ranjithanandam‟ instead of namaste. While narrating this, the reader cried. What have you to say for this, Prana? In Saudi Arabia, the prevalent punishment for such crimes is stoning to death. But in our country, if you have the cash, you can escape. And the Swami has five thousand Crores of rupees; why worry?

93

255. The

Complainant

respectfully

submits

that,

as

stated

elsewhere, the Complainant would not evade any process of the law and that he stands most ready to face all legal consequences for all legal infractions. Their imputation that the Complainant has managed to evade process of the law with sheer money power is grossly defamatory and wholly untrue. By stating that the Complainant would have received death by stoning had he resided in a country such as Saudi Arabia, the accused have simply transgressed all permissible norms of journalistic ethics. 256. As such, the accused have committed a blatant act of defamation in respect of the Complainant‟s name and character. 257. The accused have further stated: Prana pleaded with me, “I do not ask you not to write, but please reduce the severity of the language. It hurts the disciples mind and they suffer.” How many devotees, Prana? You might have seen the CD. Your Swami was engaged in series of lustful activities with Ranjitha. When asked, he blabbers, “It is me, but it is not me”. He says that “whatever happened there was spiritual research, the scene pressing my feet is true and the rest are all morphed.” But experts have confirmed that there is no morphing in that CD and that the whole thing is true. After all these have happened, shouldn‟t good renunciates like you, have driven him away from Bidadi ashram? Why didn‟t you do that? Why are you still covering up lies, vulgarity and obscenity? “We are under attack from many points. We do not know how to face this. Please tone down the severity” pleading, Pranananda Maharaj finishes his talk.

94

258. The

Complainant

has

ascertained

from

Sri

Nithya

Pranananda that the conversation between him and the accused was simply to the effect that the accused are inventing and writing things that do not exist and that he merely requested the accused not to lie to their readers and nothing more. 259. It is grossly unprofessional on their part to even fabricate their conversations with individuals who have called upon them. The Complainant wishes to state that he would not take any offence to any objective or reasonable depiction of his affairs in the media. Their specified articles do not have the flavour of objectivity. 260. Therefore, by misrepresenting a certain conversation which Sri Nithya Pranananda had had with the accused, the accused have created an impression that the Complainant sought to influence their writing. The conveyance of such impression

is

defamatory

to

the

good

name

of

the

Complainant. 261. The accused have further stated: He is a VIP my long time friend. Three years before, he had told me something. “Nithyananda was having water sport in a tank in the company of six women, all of them naked, inside a cave situated some thirty Kilometers from Kuttaalam,” said my friend. The watchman of the bungalow, where the saamiyar was staying, noticed this, not by accident, but by deliberately following where the saamiyar was going alone in the company of young girls. The watchman felt regret thinking, „Wearing saffron robe, what all notorious activities they do.‟ “One day this Swami is also going to be caught like Premananda,

you

Subsequently,

when

will I

see” fell

to

said the

my

friend.

Swami‟s

fake

enlightenment and black magic and was thinking that I

95

have seen God, my friend reminded me of what happened three years ago. Besides that, he made me talk to the watchmen. That time I was too tied to my „God‟. I told him “the watchman is a demon; you too are one”, and returned. But my friend continued to fret that these people, taking the name of „Paramahamsa‟, the title once taken by the greats

like

Vivekanand,

Paramahamsa

Yogananda,

indulge in such indecent activities! The mention of Premananda brings to my mind another matter. The same advocate, Mr. Jethmalani who appeared for Premananda, is the advocate for Nithyananda as well, as if the Saamiyar have pre-arranged everything. “I am those prophets that appeared on this earth so far. Now I have again taken the incarnation of Krishna,” Nithyananda used to say often. But he is careful not to mention one prophet, as if he knows that his head will not remain on his shoulders, if mentioned that. 262. The Complainant respectfully submits that their aforesaid paragraph is a concoction of their own mind. No such event ever took place involving the Complainant. By inventing utterly false stories on the Complainant, the accused have ruthlessly destroyed his reputation. The accused are therefore to be held liable for their acts. 263. The accused have further stated: “When I was born as Krishna, there were Gopis round me then. Those Gopis have now become my disciples in this life” saying this Nithyananda made people believe what he said. His principal disciple, Sadananda, was the first Gopika, when he took birth as Krishna! “During the next few days I will announce who the next Gopikas were”, said the Swami. The disciples also were eagerly waiting for the announcement, but lo! then came the CD

96

with no sense of timing. Had there been some more time, he would have announced that, that Gopi was Ranjitha. 264. None of the above statements attributed to the Complainant were ever uttered by him or endorsed by him at any point of time. Their hostile imagination is clearly bringing forth aforesaid statements only for the further purpose of thereafter attributing all of it, falsely, to the Complainant. 265. Accordingly, their false statements have incalculably injured the reputation of the Complainant. 266. The accused have further stated: It is now known that Nithyananda‟s incarnation is nothing but power. In that case, who is he? Is there any similar example in history? When I thought on these lines, one name came to my mind – Caligula. Caligula was the emperor who ruled the Roman Empire in the 1 st century BC. What all he did during just 29 years of his life!

What

is

the

comparison

between

him

and

Nithyananda? I shall tell. 267. The comparison of the Complainant to a lustful person called Caligula who once ruled the Roman Empire is grossly defamatory to the reputation of the Complainant. Caligula was a member of a royal family and not a religious preacher. Caligula commanded military authority over his subjects and no such authority is vested in the Complainant. The purpose of such a comparison is clearly evident on its face – to besmirch the good name and character of the Complainant. The accused have thereby injured the reputation of the Complainant. 268. The accused have further stated: In the meantime a phone came from a brahmacharini, asking me to acknowledge receipt of a sum of Rupees

97

one lakh that has come. The money was credited, but what is the compensation for 1000 hours of my time stolen from me at the rate of 18 hours a day for six months? That is the story of the drudgery I suffered in the Publication department of the ashram. 269. The Complainant respectfully submits that the accused have most blatantly abused the faith and trust conferred on the accused by their readers. The accused were clearly arguing until a short while ago that the Complainant would never give money to anybody for the purpose of ruling out the refund from the cancelled trip to Allahabad. Now that the money has been credited, the accused have seen it fit to invent another lie – that the accused spent 1000 hours of his precious time over the past 6 months at the rate of 16 hours a day in connection with the literary works of the Complainant. 270. The Complainant further submits that the accused have simply conjured such a fiction for the sole purpose of casting the Complainant in a negative light. Nevertheless, the Complainant states that the accused pleaded repeatedly with the Complainant that the accused wanted to volunteer and that the accused wanted to contribute his time towards some literary works of the Complainant. 271. After consulting with several members of the publication department, the Complainant had instructed the members of the publication department to provide the accused with whatever task the accused would choose amongst a variety of tasks at the publication department. The Complainant has ascertained that the accused sought to proof-read a part of Tamil

Translation

of

the

950-page

book

titled

„Living

Enlightenment‟. 272. The Complainant has further ascertained that the accused did proof read a total of 32 pages out of the said 950-page book and that the accused clearly indicated to the publication

98

department that the accused had finished his task with the proof reading of 32 pages thereat. Accordingly, the accused was tendered a sum of Rs.30000 as a fair compensation for the use of his time that was never sought by the publication department in the first place. 273. The Complainant respectfully submits that it is unfortunate and regretful for a member of the learned profession of journalism to blatantly lie first and to publish the same as the truth. The accused might also be aware of the fact that at the relevant time, numerous Tamil scholars who were also the devotees of the Complainant were similarly requesting him to let them also to volunteer their services for the publication department. As such, by inventing sheer lies to cast the Complainant in a negative light, the accused have most aggressively defamed his character and reputation. Original

news

report

Annexure J Date of

- Translated news report

–

Annexure J1 Volume: 9

Issue: 103

Publication: 08-Apr-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

274. The accused have stated: That saamiyar never gives money, only others have to give him money. In my writing life I have never compromised. One who taught me this firmness of mind was Bharati. If money is important for others, time is important for me. During the last six months, I have set aside my writing work, and worked for about 1000 hours for the publication work of Nithyananda. In monetary terms

99

this would work out to lakhs of Rupees. But that was not done for the sake of money. Besides, the money that the Saamiyar has accumulated was the result of cheating the common people. If we have to take that money stained with sin, we will have to bear the burden attached to it as well. Since I have already committed enough acts of sin, I do not want to take new load. 275. The Complainant respectfully states that as to the first part that the Complainant does not give or return money, sufficient denial has already been made earlier. As to the assessment of the accused that the work of his translation runs into several lakhs of Rupees, the Complainant would like to most emphatically state that he would never withhold the fair due of any person who has rendered any form of service to him for a fee. Even if the accused had agreed to freely translate for the benefit of the Complainant and had worked for such length of time and had turned out a substantial work therefrom, the Complainant would have most willingly offered the money‟s worth for all of his services. However, as reiterated earlier, his work output came to no more than 32 pages of proof reading and the accused was most adequately compensated to the tune of Rs. 30000 for proof reading 32 pages. It is surprising that the accused has very summarily stated that he has put in 1000 hours of his work while not bothering to make any mention of what he happened to accomplish with those 1000 hours. The reason for such omission is obvious – the accused never gave more time than was warranted for proof reading 32 pages of a certain book. 276. Further, it is a true reflection of their shifting stand that while the accused did complain of not being compensated for his services in their earlier issue, the accused is now stating that he would forego such compensation simply because the

100

money that would be used for compensation is somehow tainted in his imagination. 277. By expressing false outrage at each turn, the accused have most brutally damaged the reputation and character of the Complainant. 278. The accused have further stated: Saamiyar has accumulated a sum of five thousand Crores during the last five years. Even people like Bill Gates cannot dream of such a thing. The government should take over this wealth; should arrest and question Nithyananda who had cheated lakhs of people. If legally possible, he may be awarded double life-term, as was done in the case of Premananda. He might not have

raped

any

girl,

but

he

has

brain-washed

thousands of young girls and made them monks. Not only had he committed a crime, now he is engaged in the bigger crime of covering that crime. This is what he says in an interview given to Kumudam Reporter, “We have no money power, no influence in the ruling circles, no power in the legal sphere, no political power. This is a mission devoid of any power, a mission of service.”….. Even a fourth grade politician would not utter such blatant lie. For one with 5000 Crores rupees at his disposal, to say that he has no money is such a big notorious thing. 279. The Complainant respectfully submits that the hysterical declaration and repetition that the Complainant has amassed well over Rs. 5000 Crores is plain hostility. The Complainant denies possessing wealth to such extent. Their repeated insistence

that

the

Government

should

arrest

the

Complainant merely because the accused do not like him is

101

height of hostility on their part. The accused clearly knew that the governments in this country are run in accordance with the Constitution of India and the laws made thereunder and not for placating the views of hostile journalists. 280. The

Complainant

respectfully

submits

that

Swami

Premananda was convicted on grounds other than what the accused have been repeatedly referring to. The records of Swami Premananda‟s case reflect a charge of rape and a subsequent conviction at trial. 281. The Complainant did not and would never commit any sexual assault on any person far less a rape of a devotee. Therefore, their repeated reference to Swami Premananda is simply misplaced. As to an interview that was given to Kumudam Reporter, it has already been stated that no such interview was ever given by the Complainant to the accused or to any other person in Kumudam Reporter. Their characterization that the Complainant is beneath a fourth grade politician is evidently

injurious

to

his

reputation.

By

expressing

displeasure at the fact that the Complainant was not arrested or criminally prosecuted for acts that exist merely in their imagination, the accused have committed a grave injury to the reputation and character of the Complainant. 282. The accused have further stated: Barring the Chief Minister of Tamil Nadu, many of the Chief Ministers of the other States have prostrated before this Saamiyar. Even now he has close relation and support of some of the politicians of North India. Such a person says that he has no influence in the ruling circles, has no political power. This is plain balderdash. Where to go and tell this? Is it without power in the legal sphere that he is engaging Ram Jethmalani to argue his case? Can you or I do that?

102

This fake saamiyar who has been outraging India‟s spiritual tradition by stacking lie upon lie, should be deported from India after he has completed his life-term, and should never be allowed reentry into the country. This is my stand. Whether this is a compliment or criticism, you decide. But why some readers regard my writings as my praise of the saamiyar, is because I write that Nithyananda has cured people of their illnesses. This healing capacity can be acquired by any rascal, if there is one like that. 283. The Complainant respectfully submits that he has never aspired for political power or for power of any other kind. As a matter of fact, Sri Ram Jethmalani who is a distinguished lawyer of this country was not engaged at any point of time by the Complainant. Further, Sri Ram Jethmalani is an advocate with a conscience and is a man committed to fight for the cause of unpopular defendants. It should not have surprised the accused if only Ram Jethmalani had argued for the Complainant.

By

repeatedly

emphasizing

that

the

Complainant has engaged the services of Sri Ram Jethmalani, the accused have expressed a blatant ignorance of the true role of a lawyer – to secure justice for his client by describing to a Court of law, the truth to the core and by refuting rumours or falsity that might have been slapped against one‟s client. 284. Their suggestions that the Complainant should first be deported or convicted clearly show that the accused have enormous hostility towards the complainant. There is no law in

this

country

that

prescribes

as

punishment,

the

deportation of a convict to a territory outside India. By expressing a certain bogus outrage, the accused have most aggressively defamed the character and reputation of the Complainant.

103

285. The accused have further stated: „That one has terrible capacity for black magic, he (singular) spends all his time in the bar in the company of his girl friends only‟, I was telling my friend about him. “Who? You?” asked my friend. I replied, „Disgrace, disgrace, I know neither black magic nor white magic‟ and added, „his name is Rasputin.‟ 286. The Complainant respectfully submits that he is at a loss to identify the

true

meaning of

the

aforesaid statement.

Nevertheless, it suggests a derogatory reference to him. 287. The accused have further stated: Because it is a story involving the fraudulent saamiyar, I am confused as to what to write first. Let us see one by one. Before that I should tell you about the midnight phone call from the young Sannyasini. She asked, “Swami‟s book, the Bhagvad Gita is to be translated into Tamil. Shall I send the book at 4 in the morning?” It was 12 midnight then, and she was sending the book at 4 in the morning! That brahmacharini spoke from the publication division of the saamiyar in Chennai. What is clear from this? The swami‟s disciples do not sleep. It is great, if they sleep for two hours in day. Two thousand people work for the swami day and night in this manner. 288. The

Complainant

respectfully

submits

that

he

has

ascertained that no such call was ever made to the accused. The Complainant has further ascertained that the members of the publication department did not have any occasion to repeatedly get in touch with the accused. As the accused clearly was aware, sleep deprivation is bound to result in poor health and manifest weaknesses or injuries and that the

104

devotees of the Complainant were not trained to withstand reduced sleep patterns. 289. As such, their claim that the devotees of the Complainant would sleep for no more than 2 hours is a calculated attempt of falsity of the highest order. As such, the accused have injured the reputation and character of the Complainant. 290. The accused have further stated: In October last year the ashram had enquired of me whether I could give advice to their Tamil publication division, and I had agreed to it. Immediately they gave me the book entitled “Living Enlightenment” asked me to translate it. It was a pillowsized book of some 1000 pages. If I have to translate it, I would have had to forget my writing, and engage myself in that job at least for five years. But since writing is life breath, I could not leave that, and I told them so. “In that case you need not translate it; our group has already translated it, and you may correct it,” they said. About 3000 pages came to me. Some fifty people have been translating the same. Each one had one‟s own style. On reading four lines, I realized that none of them knew how to write Tamil. Having given this bundle of papers, the swami‟s disciple told me to complete it by November. This is why I wrote that the swami‟s disciples formed a crowd of the insane. They wanted me to finish in one month, what would have taken at least five years to complete. “Swami‟s birthday falls on January 1st, and he will be attaining 33 years of age, and Swami wants 33 Tamil books to be published on January 1st,” they said. Their insanity has reached unimaginable level! The Swami‟s each book contains from 200 to 1000 pages. The Swami desires

105

thirty three such books to be translated into Tamil, and published, within the span of just one month! 291. The Complainant respectfully submits that as stated in the earlier paragraphs, everything that the accused have stated above is false. If only the Complainant had sought to publish 33 Tamil books by his 33rd birthday, he possessed the requisite resources to accomplish that without their aid. It is a blatant lie on their part to say that the Complainant would engage in the acts of botheration of linguistic scholars just so that he could fulfill his wishes. The Complainant would limit his desire to match with the resources he possessed. However, the Complainant has reliably ascertained that no person had ever assigned such a work, much less a target to the accused. 292. Therefore, by inventing sheer lies to project a picture of exploitation by the Complainant, the accused have most blatantly injured his reputation and character. 293. The accused have further stated: Another matter. How does the swami write such hundreds of books? The Swami never writes, he lectures from morning till night. They would have his lectures printed and publish them as books. In this way, one can write even 1000 books during his life time. Besides, all the topics of these books would be spiritual thoughts and ideas of a high order. But this fraud of a saamiyar cannot lay claim to the ownership of these. He is very brilliant and has enormous memory power. Whatever he says is taken from the books that he had read. They are the

ideals

of

Patanjali,

Buddha,

Ramakrishna

Paramahamsa, Ramana, Osho, J.Krishnamoorthi and the like, not of Nithyananda. If someone pointed this out to the Swami, he would reply, “I have the reflections of all these people, because I

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reside in all of them”. Why go that far? Once when I asked him, „What Swami, you have imbibed the Gita in toto,‟ he replied laughingly, “I only wrote that”. The people around there prostrated before him, as if they saw before them Lord Krishna himself. 294. The Complainant respectfully submits that merit is absolutely essential in the spiritual and religious worlds and that their continued insistence that the Complainant does not possess merit is utterly insulting to his reputation and character. 295. The Complainant further wishes to state that the accused seem to be keen to convey to their readers that spirituality and religiousness in the present day are devoid of merit. The accused possess no authority to say so. The Complainant has never claimed anything remotely similar to what the accused have

attributed

to

him

in

the

aforesaid

paragraph.

Accordingly, the Complainant respectfully submits that his reputation and character have been unjustly defamed by their unwarranted statement. 296. The accused have further stated: Then, since the torture kept on coming through phone, somehow I finished some fifty pages, and bid bye to them. It was then that, that disciple called me at midnight and asked whether she might send it at 4 in the morning. The matter was – translation of Bhagavad Gita. Being sleepy, I said „yes‟ to that. 297. The Complainant respectfully submits that as already stated in the paragraphs above, the above statements are blatantly false. The accused have therefore committed an unwarranted defamation of the character of the Complainant. Original

news

report

- Translated news report

–

107

Annexure K

Annexure K1

Date of

Volume: 9

Issue: 104

Publication: 11-Apr-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

298. The accused have stated: Crime branch policemen met me in connection with investigation on Nithyananda. It was investigation as to the sum of rupees one lakh taken by Nithyananda from 300 people for going to the KumbhMela. I am ready to co-operate

with

the

police

in

this

regard.

But

Nithyananda, whenever he gives or takes money from the public, gives receipts. Who know whether he keeps receipts for the „spiritual research‟ that he does with the actresses? He never uses coercion on any matter, but it cannot be said that he keeps receipts for the 5000 Crores rupees that he has accumulated. It is from this point that the government should start its investigation. They should find out as to how he accumulated so much money within five years, and attach all of that. Besides, having hurt the religious sentiments of the people, having turned young girls into monks, having taught others that sex is sin, while indulging in sex himself, having brain-washed others into vegetarianism while eating „non veg‟ himself forbidding others from eating even onion and garlic, while eating Viagra himself. The police should decide under what Sections of the law can this fake saamiyar, who has committed 100s of crimes, be booked. Above all, his horrendous crime was that he made lakhs of people mentally sick. Because of this I

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say he is a worst sort of anti social element. We will come to that matter later. 299. The Complainant respectfully submits that the event fee collection for the KumbhMela was never the subject of any police investigation at the relevant time, or at any point of time later. 300. By acknowledging that the Complainant‟s ashrams always issue

receipts

for

monies

received,

the

accused

have

acknowledged correctly. As to their supposed co-operation with the police, it is not true to state that the police wanted to investigate the event of KumbhMela trip and the subsequent cancellation of the same and refund of monies collected from willing participants. As to their statement whether the Complainant „keeps receipts for the research that he does with the actress‟, it can only be said that their untrammeled hostility knows no bounds. The Complainant has already denied the giving of any interview to their magazine. Accordingly, it their sheer imagination and hostility to say that the Complainant engaged in some sort of sexual research. 301. As such, their blatant lies have indeed sullied the reputation of the Complainant. As to the possession of a wealth of Rs. 5000 Crores, their repeated claims that the Complainant has amassed wealth to the tune of Rs. 5000 Crores are without any basis. When such is the case, for the accused to ask a question whether their own unfounded claims are valid is a further defamation of the reputation and character of the Complainant. 302. As to their further argument that the government ought to begin investigation of the wealth of the Complainant, the Complainant

respectfully

submits

that

the

work

of

a

Government is always of a more solemn nature and the

109

Governments always have greater businesses to attend to than to listen and to act on their wholly unfounded ideas. 303. The rest of their paragraphs are outrageous and wholly defamatory

to

the

reputation

and

character

of

the

Complainant. 304. The accused have further stated that: Historians say that Caligula was insane; I do not know. But I know that Nithyananda is one like him. 305. Their comparison of the Complainant with Caligula who according to the accused was out of touch with reality and was insane is thoroughly defamatory to the character and reputation of the Complainant. 306. The accused have further stated: Nithyananda has said on many occasions, “If I ask the rain to stop, it will stop, and it will rain if ask. I am the lord of the five elements.” This he has said about a thousand times. Now when he has been caught, he says, “I am a yoga teacher. Having trespassed into my bedroom, they have video graphed me indecently” he laments. 307. The Complainant respectfully submits that when the accused say that the Complainant did utter a 1000 times that he could simply ask rains to stop and that the rains would oblige, the accused have uttered falsity. The accused have therefore committed a grave injury to the reputation and character of the Complainant. 308. The accused have further stated: I have seen at Bidadi. There under an old banyan tree saamiyar has constructed a small Shiva temple called Anandeshwar temple. The deity is sculptured as Shiva doing Ananda form of Dance. But the worship takes

110

place not to Shiva! But to a life-size portrait, placed some 15 feet away; that is the portrait of Nithyananda himself.

Standing

before

that

portrait

a

young

brahmacharini conducts the worship. This worship of Nithyananda takes place for two hours from 7 in the morning. Just think that the worship lasts two hours; one has to carry a single lamp, having 50 or 60 wicks, for two hours! The ashramites would put round the neck of any one approaching Nithyananda a garland with Nithyananda‟s locket, and also round the hand, a bangle with Nithyananda‟s name written on it. I have seen this bangle even on the hand of a popular film star. As a result of this kind of brain-washing taking place in the ashram, all the disciples of Nithyananda, keeping aside the Gods they were worshipping so far, would begin to consider this fraudulent saamiyar as God. 309. The Complainant respectfully submits that as is a repeated feature of their earlier articles, the accused have seen it fit to lie further. The morning worship involving puja and arathi is never performed by female devotees at the sanctum. The accused clearly knew this. Yet the accused have seen it fit to lie as to the nature of the morning worship. As to worship duration, the accused have clearly portrayed a complete ignorance of the daily activities inside most spiritual and religious organizations in this country. It certainly should not bother the accused, that a spiritual organization conducts a puja for two hours or for twenty hours in a day. It is not a matter for their concern and neither is it the business of their publication to negatively inspect upon the religious affairs of others and to proclaim whether the same is reasonable or not. As to the locket and bracelet, no one is forced to wear the same. Devotees do so on their own free will.

111

310. As such, by deliberating misleading their readers as to the nature of activity inside the ashrams established by the Complainant, the accused have most egregiously defamed the character and reputation of the Complainant. 311. The accused have further stated: One reader said that Gnanananda Maharaj had come to his house. I have already mentioned that all of the saamiyar‟s activities are money spinners. It is called “Swarnapaadapooja”. They take the print of the swami‟s feet on a golden tray, take that tray from house to house, do a three-hour yaga for a fee of Rs.5000/-. When Gnanananda came to their house, he saw the portrait of various gods at the center, with that of Nithyananda in a corner. With suppressed anger he said laughingly, “(pointing to the Nithyananda‟s portrait) he represents all of them. When all these gods together have come in human form, why do you keep him aside and keep the others in the center?” It is for this reason that I recommend Saudi type punishment for Nithyananda. Here they are doing „swarnapaadapooja‟ and in the ashram he is busy doing another kind of pooja with the actress. 312. The

Complainant

respectfully

submits

that

he

has

ascertained from Nithya Jnanananda that no such statement was ever uttered by him in the house of any devotee. Further, the Complainant would never insist that his statutes should be accorded a primary position in the house of his devotees. Similarly, he is of the bona fide belief that none of his devotees would likewise insist upon other persons. 313. The accused clearly knew that the worshippers of the Hindu gods always have unflinching devotion towards their idols. It is not likely that somebody who holds much devotion to his idols would take lightly to a false suggestion the accused have

112

seen

it

fit

to

manufacture

and

attribute

to

Nithya

Jnanananda. The Complainant is undoubtedly held in high esteem and reverence by countless number of his devotees and the same is a result of a spontaneous and voluntary desire on the part of his devotees and is not attributable to any overt act of insistence by the Complainant. Therefore the desire of the accused for Saudi type of punishment is gravely defamatory and outrageous. 314. At any rate, the accused have most blatantly committed the defamation

of

the

character

and

reputation

of

the

Complainant. 315. The accused have further stated: Now let us return to Caligula. Caligula who declared himself to be God, and built temples ruled just for four years. He came to power at the age of 25, and was killed by his own kinsmen when he was 29. Reason - the same sex that was the basis for the downfall of Nithyananda. This fall of the saamiyar is as good as death for him. The transformation of one, at whose feet big wigs prostrated, one who called himself god, into a criminal today, trying to escape the law – is it not worse than death? Look at the surprising similarity between Caligula and Nithyananda. The swami became the lord of such an empire just five years ago. Today his age is 33. The antics of Caligula are countless. He made his favourite horse a member of the Roman Parliament (our politicians are better, aren‟t they?). Cutting off the tongues, and gouging the eyes, of those whom he did not like, was his hobby. He spared no woman to have sex; not even his sisters. Well, how does Nithyananda fit

113

into this? The swami tried to involve me as well, in the impugned CD; how I escaped from that? 316. The Complainant respectfully submits that their relentless comparison of the Complainant to Caligula is a clear reflection of their unremitting hostility. The Complainant possessed no desire to march ahead in the realm of material wealth. As such, the frequent objection of the accused to his perceived

material

wealth

is

wholly

misplaced.

The

Complainant neither sought wealth nor influence and the accused possessed no basis to allege to such effect. As such, the accused have committed a grave defamation of the character and reputation of the Complainant. Original

news

report

- Translated news report

Annexure L Date of

–

Annexure L1 Volume: 10

Issue: 01

Publication: 15-Apr-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

317. The accused have stated: I wrote that ashramites had returned back the amount of one lakh rupees each from 300 devotees collected in order to go for KumbhMela Yathra. But they have not returned back the money robbed from the public through some other means. That was what was robbed in the name of Pada Puja. 318. The Complainant respectfully submits that when the accused state that the Complainant robbed money from the public, the accused have indulged in inexcusable acts of defamation of his character.

114

319. The accused have further stated: The

fee

for

the

9-day

meditation

class

called

„Nithyanandam‟ is 50,000 rupees. The fee for the meditation class called NSP is 4000 rupees. All those need not be returned. Because, in those meditation classes good things like meditation, yoga were taught. But Pada Puja is an atrocity happened non-righteously and is worse than a bank robbery. No spiritual master who has happened in India till now, has collected a fee of 25,000 rupees for touching and worshipping their feet. Why? To fall at and get up from the feet of even politicians, no fee is earmarked for the devotees - sorry, sevaks. The number of people who perform the Pada Puja for Nithyananda in half an hour may go up to ten. There is no possibility of performing Pada Puja one full day. (He) has to go for conducting classes and for Pada Puja specially performed by actress. So how much do you think, the money robbed in two, three hours allocated for Pada Puja would be? 15 lakh rupees. In a single day, is this possible in India for any other businessman or politician? Receipts were given to all these money. In the ashram everything will happen only legally! The 5000 Crore Rupees with saamiyar is collected only by this way. 320. The Complainant respectfully submits that the accused have displayed disappointment with the fact that some devotees of the Complainant do insist that the Complainant should mark his presence in their houses and dwellings and that for the provision of such services, the devotees are willing to pay certain sums of money as a monetary benefit in return. 321. As such, when the accused express resentment at the fact that devotees do insist on Paada Pooja and that the

115

Complainant

obliges

such

devotees,

the

accused

have

expressly declared their hostility to the Complainant. 322. As to the further repetition of the claim that the Complainant has amassed 5000 Crore Rupees, the Complainant reaffirms the previous denial. 323. Accordingly, by abusing their journalistic liberty to defame a religious practitioner without justification, the accused have caused defamation of the character and reputation of the Complainant. 324. The accused have further stated: Why is the government which collects a huge part of our earnings as tax if ordinary people like us earn through hard work, gives tax waiver for such fake saamiyars? Not only Nithyananda. Like this, in all religious institutions, money is circulating as 1000 Crores and 10,000 Crores. These people function nearly like a separate government. It is the fate of our country that there is nobody to question all this. It may be practically not possible to return back the fee for the Pada Puja robbery happened since past five six years. At least if (he) gives back the collected money happened in the past one year, Nithyananda may escape the curse that people give with a burningstomach. Many who have poured 25,000 rupees like this are of middle class. 325. The

Complainant

established

and

respectfully administered

submits

that

by

Complainant

the

the

trusts are

registered under the appropriate laws in force in this country. Further,

these

trusts

have

always

complied

with

the

applicable laws in the matter of their administration. As such, the persistent claim of the accused that the Government has somehow favoured the Complainant is without any basis. No

116

exemption

has

been

sought

by

the

trusts

that

were

established by the Complainant except in the manner conferred by the applicable statute. As such, when a statue confers the benefit of exemption to qualifying trusts, the trusts established by the Complainant have applied for such exemption and have secured such exemption in a manner fully consistent with the applicable laws. Therefore, when the trusts established by the Complainant comply with the applicable laws and secure exemption, no question of favour from the Government can be said to have taken place. The authority which receives the exemption application would be bound under the law to confer such exemption only upon satisfying itself that the application and the conduct of the applying party are in order. As such, when the accused state that the Government or its agencies have somehow favoured the Complainant, the accused have cast a criminal allegation on the conduct of the Government itself and it is not a legitimate function of a journalist to impute criminal motives to the fair acts of the Government. 326. Further, when the accused state that the middle class have coughed up the fee for Paada Pooja, the accused fail to realize that neither at the relevant time nor at any point of time thereafter, no person who had paid for the Paada Pooja had sought the refund of the money paid by him or her. In and of itself, the fact that the people who did actually expend money have had no form of grievance against the Complainant should have been noted by the accused. By presenting the character of the Complainant in such false light, the accused have deliberately damaged the reputation and character of the Complainant. 327. The accused have further stated: Although Nithyananda comes wearing ochre clothes during discourses, at the end of programs, it is common

117

for him to come wearing silk sherwani weaved with gold. Such dresses are worn by North Indian crorepathis like Ambani during wedding functions as the bridegroom. One Sherwani may cost 5 lakhs, 10 lakhs. Leaving this aside Nithyananda would sit only in golden simhasana. He would wear only the rudraksha malas made of gold. Each one would be of a lemon‟s size. We know how much would a one-sovereign chain cost. 328. The Complainant respectfully submits that the sherwanis that are occasionally worn by the Complainant are of the common variety and do not cost above a few thousand Rupees. The Complainant has ascertained that the highest cost ever expended over such sherwani was a sum of Rs. 10,000/-.The

Complainant

further

submits

that

for

a

religious practitioner to prefer an attire costing Rs. 10,000/on certain occasions is no more objectionable than the act of a woman preferring to wear a silk saree that costs as much during wedding and other social gatherings. Silk is a heritage product of India and certain kinds of silks always cost considerable sums of money. The Complainant respectfully submits that silk represents the glory of a humble and anonymous moth and that when the Complainant wears silk attire, he does not intend to flaunt thereby. The Complainant has often explained that there is an obvious majesty to silk and that when he does wear silk clothes, he does so in an atmosphere in which some part of his preaching is focused on the majesty of the Lord. 329. As such, by comparing the Complainant to billionaires and by assessing that the sherwanis worn by the Complainant might have cost between 5 and 10 lakh, the accused appear to have deliberately invited public anger against the Complainant. 330. The Complainant further submits that gold is a unique metal that vividly reflects upon the majesty of the Lord. As such,

118

gold plated simhasanas and golden ornaments when worn by a religious practitioner bear a certain religious significance. Moreover, as a matter of fact, the simhasanas over which the Complainant is generally seated is merely gold plated and is not made from gold itself. 331. Further,

the

Complainant

respectfully

submits

that

rudrakshas too hold a spiritual significance. When encased within gold, rudrakshas serve a valuable spiritual purpose and the significance of such purpose is certainly not a matter for the accused to speculate in their publication. 332. Accordingly, the accused have clearly maligned the character and reputation of the Complainant by their misplaced valuation and assessment of the Complainant‟s attire and personal belongings. 333. The accused have further stated: “If there is no food for even an individual, we‟ll destroy the world”, said Bharathi. “In the religion or God who is unable to relieve an individual from starvation, I don‟t trust”, said Vivekananda. “Removing the disease of hunger of people is my first and foremost debt”, our Vallalar said and also did so. That is why his name is Vallalar - the charitable one. But Nithyananda having rolled with an actress, kept hand in ordinary man‟s pocket. I once asked Nithyananda, “Does it befit a sannyasi to be luxurious with golden simhasanas, golden rudraksha malas? A real renunciate is the one who renounces everything – right?” For that he hedged saying, “All these respects are not done for me; (these are) respects done

for

the

truths

I

deliver”.

What

truth

did

Nithyananda deliver to get such a respect with gold? His

119

main preaching is, “Cut off desire” only. Is rolling in gold and rolling with actress the cutting off desire? Saamiyar did not tell that thing alone. Saamiyar saw me and told me in the meditation camp where 5000 people had gathered, “My daily life is unbelievably simple. Salt, chilies -nothing will be there. One hand full of green grams and water is my food. My property is all the two ochre dhotis and two banians only. Nothing else is there. If I say like this, it would be difficult to believe. So stay for 10 days with me for all 24 hours and see my daily life.” But now only after seeing the notorious CD, saamiyar eating ice cream and some more other ajalgujals becomes

known.

(Okay,

is

the

(tablet)

saamiyar

swallows a Viagra?) If so he should be careful. 334. The Complainant respectfully submits that the accused have demonstrated much ignorance about spiritual matters and affairs. As has been stated at the very inception, the Complainant denies the veracity and truthfulness of the materials that the accused have deliberately and falsely assumed to depict the truth. As such, their repeated disgust at what they have seen in the video is traceable not to the act of the Complainant but to their own gullibility to simply believe what they saw in the morphed and fabricated video. 335. The Complainant recalls having said the statements made in the above paragraph (My daily life is unbelievably simple. Salt, chillies -nothing will be there. One hand full of green grams and water is my food. My property is all the two ochre dhotis and two banians only. Nothing else is there. If I say like this, it would be difficult to believe. So stay for 10 days with me for all 24 hours and see my daily life.)but in a different context. The Complainant was led to believe that the accused was keen to write a biography about him and that

120

the accused wanted to learn more about his daily life. As such, the aforesaid words of the Complainant were uttered in connection with an invitation to the accused to freely stay with the Complainant and to watch him for all of the hours in a day for a period of ten days. 336. The Complainant further submits that the aforesaid invitation to the accused was itself a clear indication to them that a religious practitioner who engages in unsavory activities would never throw open his daily affairs to the watchful gaze of another. As the accused have themselves admitted, the accused was invited to watch over the activities of the Complainant for all the 24 hours of a day for a period of 10 days during a certain religious utsav. As such, the accused have twisted the context for the aforesaid words of the Complainant and by doing so, the accused have committed an act of defamation of the Complainant. 337. The Complainant respectfully submits that he has never consumed medication bearing the brand name, „viagra‟ manufactured

by

Pfizer

Laboratories,

United

States

of

America. Similarly, the Complainant has never consumed the active ingredient in viagra, sildenafil nitrate in any other medication

or

concoction.

Further,

the

Complainant

respectfully submits that he has never consumed any drug or substance that has as its objective, the arousal of sexual energy in a human body. 338. Therefore, by falsely expressing in regard to the Complainant their misplaced concern and suspicion, the accused have committed a grave defamation of the character and reputation of the Complainant. 339. The accused have further stated: I have seen many devotees who shed tears listening to the repeated saying of saamiyar that only a handful of

121

grams and water is his food, eating the food cooked at their homes only after offering it to his photograph. They believed that doing this way, the food will reach saamiyar. On knowing that Nithyananda asked me to stay with him for 10 days, actress Raga Sudha was moved to tears Saying, “It is a fortune nobody would get, brother”. Now only I thank God for my not having that fortune. If I had been with saamiyar 24 hours as he said, I would have got caught in the CD. Will you believe if I say, „No, I am staying only to watch his daily life?‟ 340. The Complainant respectfully submits that if the accused were in any manner involved in the fabrication and morphing of the video in question, the accused clearly ran afoul of the criminal laws of this country and appropriate prosecution for their acts will certainly follow. However, the Complainant respectfully submits that the unswerving devotion of the devotees of the Complainant as reflected in their act of offering their food first to the image of the Complainant in their homes is not a matter for their comment. 341. As such, by depicting the Complainant in a dis-favourable light,

the

accused

have

committed

defamation

of

the

character and reputation of the Complainant. 342. The accused have further stated: We now and then read in the newspaper some people claiming themselves as higher police officials and IAS officials and roaming and later counting the prison bars, getting caught by real police. If pretending to be an officer

itself

is

a

crime

capable

of

sentence

to

imprisonment, what punishment shall be given to him if (he) cheats people claiming to be God, Lord of the whole cosmos? Our constitution may give punishment or may

122

not, it should only be said that the Goddess herself has punished the one who cheated dressing up as Goddess. Even Hitler having lived his whole lifetime as an all powerful fascist, at his 56th year, having heard the news of his Nazi battalions‟ loss, shot himself and died. By destroying himself, he - the slayer of nearly 80 lakhs Jews - escaped the punishment. But Nithyananda, who was regarded as God by lakhs of people and had got all powers, has today fallen from the peak of fame and has come to a state wherein all laugh at him. Can there be a punishment greater than this? 343. The Complainant respectfully submits that the unmerited outrage

by

the

accused

at

the

possibility

that

the

Complainant might not be liable for any punishment under the law is a deplorable act of defamation of the reputation and character of the Complainant. Their further reference to Adolf Hitler is clearly defamatory to the reputation and character of the Complainant. 344. The hostility of the accused is clearly evident when they state that the Complainant ought to have killed himself in response to staged outrages coming from their publication. 345. As such, the desire of the accused to see punishment graver than death inflicted upon the Complainant is an act that is thoroughly defamatory to the reputation and character of the Complainant. 346. The accused have further stated: It is not believable that Gopika, who is always with saamiyar like his shadow, would not have known his sex leela. If a person is seen from 1000 feet distance, he will look dull. If seen from a distance of hundred feet he will be looking clearer. But Gopika was at a distance of 3 feet. Not only that, she was the one who sent women

123

inside saamiyar‟s room for doing „seva‟. There is a word in English for this. Was Gopika like that knowingly? Or was she doing it unknowingly? Why ashramites do not at all open their mouth for all these? At the same time, writing and saying that saamiyar kept hand on all the women who come to ashram is like abusing

the

entire

female

community.

Women

worshipped him only thinking him as God. Had women known that he is such a perverted sex saamiyar, they would not at all have gone even by his side. Osho did not ban sex. He said sex is also spirituality. Indian women did not go to Osho who spoke like this. There is no perversion in flirting with a woman. But if the one who preached all those who came to him to abstain from sex, alone enjoys sex, it is perversion. Moreover, it is seen in the CD, saamiyar lies without reacting even after the actress‟ struggling a lot. On seeing this I remember some other things he said about himself. Once Nithyananda said: I am not a male as you think… 347. The Complainant respectfully submits that no such thing as stated by the accused in the aforesaid paragraphs did ever occur in the first place. As such, for the accused to needlessly cast doubt on the character of Ma Nithya Gopika is blatantly absurd. Further, as already stated by the Complainant, he has never had sex with any of his devotees. Therefore, the accused have defamed the character and reputation of the Complainant. Original

news

Annexure M Date of Publication:

report

- Translated news report Annexure M1

Volume: 10

Issue: 02

–

124

18-Apr-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

348. The accused have stated: Nithyananda‟s gait, his dress, his talk his behavior all are like those of a female. Frequently calling himself a Goddess, he will present himself, draped in a saree, sitting in the golden throne. I think, it is for this reason that the womenfolk as a whole got attracted to Nithyananda. In the same life – in the same body, there is male and female elements. We can see this in small children. It is because of this that sometimes male children dress like girls and vice versa. But as they grow up, we, parents, stop this. In Hindu religion they call it as Ardhanareeshwar, combining the features of both Shiva and Shakti. In Chinese it is Yin Yang. Once Nithyananda dressed himself like a woman, walked like Saroja Devi in the film “Anbevaa”, took his seat in the golden throne, and said to his devotees “ask me questions, if you have any”. Questions are to be written in chits of paper (and handed over to the volunteers). I sent my chit with a question, “are you man, woman, or an eunuch?” Nithyananda is usually hot tempered. I have been surprised about that also. Should an enlightened master be so subject to anger? There is one thing to be noted here. Many people justifying the swami say, “Even Vishwamitra got attracted to Menaka.” They do not know one thing: Vishwamitra was a Rishi, and Rishis had wives. 349. The Complainant respectfully submits that he dresses at times in the form of a female goddess as an act bearing a

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religious

significance

and

such

significance

has

been

completely lost upon the accused. The Complainant further submits, respectfully, that he does not dress up as a woman for the sake of attracting female devotees towards him. Moreover the Complainant submits that he is at a loss to appreciate why and how female devotees would even be attracted to a male religious practitioner who dresses up as a woman at times. 350. Further, the Complainant submits that if he were asked if he was a man, woman or eunuch, he would have gladly informed the questioner that he possesses the body of a man. As such, by

needlessly

imputing

unspiritual

conduct

to

the

Complainant, the accused have most clearly defamed the reputation and character of the Complainant. 351. The accused have further stated: That was why in olden days they constructed mandaps. A Sannyasi should not sleep even near a male Sannyasi. The most prominent sign of a Sannyasi is that he should live on alms. He should go in search of alms only around 3.00 in the afternoon. He can go only to seven houses on a particular day (some say he can go only to one house). If he got nothing on a particular day he should starve that day. Lord Buddha was the greatest Sannyaasi that human history has ever seen. Buddha who created a very great Sangha to spread his teachings, lived throughout his life in this fashion only. But Nithyananda has enjoyed every kind of pomp available in the world – luxurious car, luxurious apartment. He will not live without air condition even for a minute. Even while conducting his discourses, there will be a cooler near him. Always when he is alone, different girls must massage his feet. In short, Nithyananda lives as the Sultans did

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in the middle ages. Why go to history? Even now many billionaires lives are like that. You might be aware of the Monica – Clinton episode. While Clinton perused his files, Monica would sit beneath the table and “help” him. 352. The Complainant respectfully submits that the selective reading of scriptures and ancient texts by the accused is clearly defamatory to him. The Complainant respectfully submits that asceticism and penance are the necessary elements of any spiritual practice and the Complainant has had more than his fair share of ascetic and penantic practices. The Complainant further submits that he does not seek a life of luxury. Further, he does not feel any imperative to pretend that a life of luxury is a hindrance to spiritual progress. The Complainant states that a life of luxury is not always an impediment to spiritual progress and the relative merit of luxury lies in the comfort that it provides to a religious practitioner to fixate his mind under certain circumstances. 353. The Complainant submits that the reference by the accused to the Bill Clinton-Monica Lewinsky scandal is thoroughly misplaced. Moreover, the Complainant neither seeks nor allows any female devotee to massage his feet. As such, the unwarranted imputation by the accused upon the character of the Complainant is a clear commission of an act of defamation of his reputation and character. 354. The accused have further stated: Now when I studied Law, the CD of the saamiyar, it is that incident that came to my mind. When that girl was busy “helping”, the swami was casually watching T.V, enjoying real ice cream.

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Therefore this kind of roguish swamis do not have the right even to utter the name of Vishwamitra. 355. The Complainant respectfully submits that the aforesaid statements of the accused are based on their deliberate and misguided belief in the truthfulness of the video in question. By representing to their readers that the video is true and that it is not morphed or fabricated, the accused have most blatantly disregarded the basic objection of the Complainant. Therefore the accused have committed a severe defamation of the character and reputation of the Complainant. 356. The accused have further stated: I said Nithyananda got angry very frequently. His anger is well known even among his closest followers. Even Raga Sudha had told me, “Swami gets angry very much; particularly when someone asks questions about young brahmacharinis, he gets terribly angry, elder brother. Do not ask such questions”, she would warn me. This question will justifiably arise in the minds of those who visit the Bidadi Ashram. If girls of 20 and 21 years, resembling

college

brahmacharinis,

won‟t

girls, that

roam question

around arise?

as Is

brahmacharyam that easy? Is it so easy to suppress sexual urge? With the completion of their college education, the Saamiyar will give them white clothes and the sacred thread to wear. Yes, all the brahmacharinis wear the sacred thread. What shastras say about this, I do not know. This is one of the perverted acts of Nithyananda. 357. The Complainant respectfully submits that he is never angry in the manner that the accused have stated. The Complainant further wishes to state that anger is a valuable emotion and it has its own place in the scheme of human emotions.

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358. The accused have further stated: I have seen many times swami getting angry with others. A correspondent of a newspaper once asked, “Is it proper for you to embrace all girls?” I will tell you later what the saamiyar did in response. But in all his subsequent lectures, he would unfailingly abuse that paper and that correspondent. Not a day would pass without his abusing that paper as “porn magazine”. Just for one question, so much of a shower of abuse! (the result of that abuse he is now experiencing through the newspaper itself). Such a Saamiyar who gets angry with everybody, never got angry with me, whatever was my question. With me he would talk like a friend, crack jokes (“my friend, was I very rough in today‟s speech?”). He knows with whom to get angry and with whom not to. Many times I have asked crooked questions. Even for that, he would reply laughingly. 359. The Complainant respectfully submits that he plainly refutes the allegation that the accused have leveled in the paragraph above. The Complainant further submits that he has utmost respect for media professionals and journalists. He would never express any disapproval for any question raised by a person with an honest and genuine objective. 360. As to the abuse of a certain journalist by the Complainant, the

accused

have

simply

uttered

a

blatant

lie.

The

Complainant respectfully submits that he would never disapprove the act of a journalist except in the presence of the journalist in question. As such, the accused have most clearly committed an act of defamation on the character and reputation of the Complainant. 361. The accused have further stated:

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Well, now I will come to the pointed question I had asked. „Are you a man, woman or an eunuch?‟ “None of the three; I am Ardhanaareeshwar” Saamiyar replied, and narrated a story as well. Bringhi Rishi, whenever he went to Kailash, will circumambulate Lord Shiva, ignoring Uma sitting near Shiva. When both sat together, the rishi would come in the form of bumble bee and worship Shiva by going round him. Angered by this, Parvathi cursed him saying, “Hey rishi, since you have insulted me, who am Shakti, you will lose your shakti.” When Shiva came to know of this, he gave space to Shakti on his left side, saying “Shakti and I are one and the same, and there is no Shiva without Shakti” This happened only to show that the wife remains in the heart. The fusion of Shiva and Shakti is what is known as Ardhanaareeshwar. Ardhanaari means merged form. But it has become clear that there is no connection between the saamiyar and Ardhanareeshwar concept. Either the swami is a napumsak (napumsak means in Sanskrit, one devoid of manhood).Otherwise he should be an eunuch? It is not in our hand that we are born as man, woman or an eunuch. Butto stop others from having sex, simply because he could not have sex, shows only the psycho character of the saamiyar. Sex Psychologists alone should do research on this and find an answer. For that Nithyananda should be available. Be that as it may, how to justify the Saamiyar, who masquerade as god-incarnate, running away from the law into hiding, like Veerappan? Is it

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difficult for the police, who had caught Veerapan, to catch the Saamiyar? In the first place I have doubt whether they are searching for the Saamiyar at all. Can‟t the rat be smoked out? (someone may please translate this injustice into English and send it to the Karnataka Police) The disputed CD shows that Nithyananda, who cannot enjoy full sex, became a psycho and engaged in a variety of perverse sex acts. 362. The Complainant respectfully submits that the statements of the accused in the aforesaid paragraphs are outrageous and manifestly injurious to the reputation and character of the Complainant. 363. The Complainant further submits that as stated earlier, he is blessed with a body of a male. He is therefore a male. As such he is neither a woman nor a eunuch. As to the imputation of the accused that he is a napumsak, that is to say that he cannot perform sexual acts and that he is devoid of manhood, the accused possess no basis to make such an imputation. 364. The Complainant further submits that he takes no delight howsoever in preventing another person from having sex that is endorsed by the society. When the accused allege that the Complainant seeks to derive perverse pleasure by preventing others from indulging in sex, the accused have committed the gravest act of defamation of the reputation and character of the Complainant. 365. Further, the allegation by the accused that the police were not vigorously investigating the false allegations is thoroughly false to their own knowledge. The police, both in the States of Tamil Nadu and Karnataka had exhibited utmost sense of urgency in pursuing and prosecuting the Complainant. As such, their imputation against the Complainant is plainly defamatory to his reputation and character.

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Original

news

report

Annexure N Date of

- Translated news report

–

Annexure N1 Volume: 10

Issue: 03

Publication: 22-Apr-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

366. The accused have stated: Let‟s now go to the story of Raga Sudha. A friend of mine was sort of a famous man in Tamil Nadu. He had no children. He indulged in wine, women and partying. But still loved his wife dearly. I introduced them both to Nithyananda. This was the start of the problems. My friend's wife was very interested in social service and spirituality. Realizing this, in just two months, the saamiyar brainwashed the lady and planned to make her a Sannyasi. Nithyananda's nature is to find out your weakness and to aim for it to take you over. My friend had a lot of trouble in his factory. They did not get resolved how much ever he tried. Whatever black magic the swami did, the problems came to an end. But as a cost for that, he tried to make his wife one of the slaves in the ashram. Whenever I asked, my friend said that his wife was in the Bidadi ashram. Not one or two days, but months on end the lady started to stay in Bidadi. Till then I haven't seen my friend in such a state. He was in severe depression. He stopped going to the factory. Ate in hotels. More cruel than that was that he changed beyond recognition to resemble "Devadas" of the old movies. When I went to see him he said, "It is true that

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my factory problems were solved by him. But giving that he has taken away my eyes. My wife was the light of my soul!” How will I live separated from her? He said, 'Where I am, Bliss will overflow'. Now he has taken my life away. Is this bliss? He is a Satan. A Satan who symbolizes darkness and sorrow. The house he enters will spoil and crumble down. I am a witness to that" and saying that in many ways, cried inconsolably. Saying „Let me talk to her‟, when I tried to call his wife, the phone was switched off. He cried again saying "It has been like this for the past 10 days. I am not able to even

hear

her

voice".

True,

when

Nithyananda's

meditation classes are on, you are not supposed to keep the phone on. Also, the course called "Nithyanandam" goes on for 9 days. You need to switch off your cell phones for the entire 9-day period. And more than that, you need to keep silent throughout the 9 days and not even speak a word. Many saints have spoken about the greatness of keeping silence. They say, we make a lot of noise and it is good for our body and mental health to be silent for a day of the week. But Nithyananda used it for his selfish ends. That is, for you to separate from your husband and children and become a Sannyasi. 367. The Complainant most respectfully submits that everything stated in the aforesaid paragraph is sheer invention by the accused. The Complainant further states that the accused have simply fabricated and created this story out of thin air. If only the accused would have bothered to name the couple, the Complainant would have most definitely offered a direct rebuttal after speaking to the individuals identified by the accused. Nevertheless, the Complainant submits that he has

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never come across any incident in which the husband of the said devotee had ever come to him complaining about the fact that his wife had abandoned her husband in pursuit of her devotion towards the Complainant. 368. The Complainant respectfully submits that his millions of devotees around the world live in perfect compatibility with their family members or spouses. If only any husband had complained about loss of consortium to the Complainant, he would have most willingly asked the wife to revive her principal devotion towards her husband. The Complainant has never advocated the separation of matrimonial bond under any circumstance and he would never engage in any form of preaching that could result in a loss of consortium between married couples. 369. The Complainant further submits that the policy at ashrams established by the Complainant whereby ashramites and participants in certain programs are forbidden from using their cell phones during the training hours is highly desirable and the inconvenience from the enforcement of such a policy is simply insignificant when compared with the practical benefits to a participant when he or she adheres to such a policy. However, the ashrams where such intensive courses are conducted do have a facility wherein family members who wish to contact the participants in times of distress or emergency are always furnished with the phone numbers of the receptionist or the administrator. At any rate, participants are free to use their cell phones beyond the training hours even while within the ashram premises. 370. Therefore, the Complainant respectfully states that the accused have simply conjured up the aforesaid story and that the same is a severe defamation of the character and reputation of the Complainant. 371. The accused have further stated:

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Nithyanandam is a scary training that this fake sannyasi gives you to make you one woman amongst his 3000 slaves. It costs Rs 50,000. My friend has given such

a

large

amount

to

send

his

wife

to

the

Nithyanandam course. This is what they refer to as "using your own money to destroy yourself". If you stay like this without speaking for 9 days and without being in touch with your family, you can separate from them permanently. The brainwashing for that is what happens throughout those 9 days. But the devotees can talk to the Guru. They would say, "Ma you can talk to the Guru. Do talk". This brainwashing is called „unclutching‟. I will write more details about this later on. Briefly, when you lose something, there is a sound you make when saying "ballikowli". Like that, when you place your tongue on the side of your cheek and separate it, you will make a similar sound. That is unclutching. To tell it in the words of the poet Kannadasan "Oh, if it goes, .let it go da". Since my friend's wife was in silence, I immediately called Raga Sudha and said that I needed to talk to my younger sister. Since the 9 days of Nithyanandam were over, giving into pressure from Raga Sudha, my friend's wife talked to me on the phone. Do you know what was the first thing she said? "Brother, I am staying in the ashram. He too can come here and become an ashramite. Or he can marry someone else". "Both are not feasible. It looks here that he might die..". "That‟s not true brother, He has no death. His body might be destroyed, but his soul has no end. I have no life after this one. Swami has given me 'Jeevan Mukthi'. Tell him to come seeking to swami to get „jeevan mukti.”

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Feeling that there was no further use in talking to this lady, I called Raga Sudha. This is not the call I mentioned earlier that happened at midnight. This one was in November of last year. I explained my friend's position to Raga Sudha. I told her verbatim whatever he said. I strongly warned her saying that „I will not leave you all alone if you continue to brainwash that lady‟. The very next day, they sent my friend's wife to Chennai. The next day, the swami's secretary called my friend and said "Normally the devotees call Swami. However in your case Swami himself has asked me to talk. You won't have any problems in the future". Saying that, he also called my friend's wife and scolded her. “That is - You have to leave your family high and dry and come here as saamiyar's slave. But there should not be any problem because of that for saamiyar. Why do you behave in a manner that causes such problems. Henceforth, no such complaint should come to the ashram. But you should come here as a slave.” This was the summary of that speech. But did the problem end with this? No. In pubs they have a concession of free drinks for women on one day of the week. During those days, a lot of women will crowd the pubs. To see them, crowds of men will go to the bars too. This is a business technique. (You might have recently read a cover story about this in the "Kumudam Reporter"). Knowing my friend's weakness, and using the business technique used by pubs, an indecent plan was being hatched to make him an ashramite too. I cautioned that if you brainwash that girl, I will not leave you…

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372. The Complainant respectfully submits that he is of the definite view that the events narrated by the accused in the aforesaid paragraphs are events concocted by the accused out of thin air. The accused clearly knew that if only the Complainant had insisted that couples alone are eligible to participate in his spiritual courses, a number of individuals would have simply been deprived of the benefit that they would have otherwise been entitled to. The Complainant respectfully submits no form of brainwashing is employed in any of his ashrams. The accused have simply assumed the mass

of

humanity

to

be

extremely

gullible

and

this

assumption is behind much of the mischief contained in their tirade against religious practitioners. 373. The Complainant further submits that he truly believes that each individual has to decide his spiritual fate for himself and that no individual could truly be brainwashed or transformed against his or her own will. Free will and volition mark every aspect of a devotee‟s life in the ashrams established and administered by the Complainant 374. As such, the use of the words like „brainwash‟ is thoroughly defamatory to the stature and reputation of the Complainant. The Complainant further submits that the accused were bound to be aware of the fact that a number of devotees of the Complainant and an overwhelming number of participants in his

training

programs

are

individuals

with

significant

educational or professional accomplishment. As such, when the accused state that the devotees at the Complainant‟s ashrams are brainwashed, the accused have effectively discounted the role of each devotee‟s will, volition and freedom to do as he or she pleases. The Complainant respectfully submits that the statements attributed to the imaginary

ashramite

appears

to

be

crude,

dismissive,

irresponsible and demonstrating a severe lack of compassion. The Complainant further submits that it is further surprising

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that a married woman would so easily discount and dismiss the enormous love and affection showered by her husband. As the accused have also stated of the imaginary husband, the imaginary husband truly longed for the companionship of his wife. The Complainant is of the firm conviction however that none of what the accused have stated in the aforesaid paragraphs did occur. As to their write up wherein some imaginary secretary of the Complainant is supposed to have called their imaginary friend to state that they would not do anything further to isolate the imaginary wife from the imaginary husband, the Complainant has reliably ascertained that no administrator has ever had any such occasion to confess such wrongdoing and undertake to not repeat further such wrongdoing. Their comparison of the state of affairs in the

ashrams

established

and

administered

by

the

Complainant to the state of affairs that avails in certain pubs is plainly defamatory to the Complainant. As such, by fabricating and concocting a state of affairs that does not exist in reality, the accused have most willingly and deliberately committed defamation of the character and reputation of the Complainant. Original

news

report

Annexure O Date of

- Translated news report

–

Annexure O1 Volume: 10

Issue: 04

Publication: 25-Apr-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

375. The accused have stated: After I warned Raga Sudha, saamiyar‟s secretary Sadananda called my friend and assured that 'this won‟t happen again'. And he called me. 'All that is fine,

138

Ayya. You are trying to enter into my home? Daily 10 phone calls are coming telling me to become an ashramite. Daily about 10 to 15 people are coming in person for this. What is going on? They asked for help in translation. I am doing. Beyond that, what is the meaning of saying - become an ashramite,' I asked angrily. 'Really? You are translating? They told you to become an ashramite?' Sadananda piled up the questions. Because, just like a nation has cavalry, navy and air force, Nithyananda ashram has about 50 armies separately to 'grab' you. One army will not know what the other is doing. That‟s why Sadananda was clueless when I mentioned translating. In the end, he concluded with 'you will not get any more phone calls'. 376. The

Complainant

respectfully

submits

that

he

has

ascertained from Sri Nithya Sadananda that no such conversation as is referred to in the above paragraphs took place between him and the accused. It is utterly derogatory to claim that the Complainant nurtures teams of people to market and propagate his teachings. There is no such thing to propagate or market. By creating a false story out of thin air, the accused have depicted the Complainant in a very false light and therefore, the accused have committed a clear defamation of his reputation and character. 377. The accused have further stated: I got a phone from Bidadi the next day after he spoke. “There is an amazing opportunity for you to become an ashramite. Come to Bidadi immediately”. Ayya,

beautiful,

Slippers‟

saying

mellifluous

lady

to

I

myself,

voice.

said,

'If

'Slippers, there

are

disturbances like this, I will tell swami directly'. Immediately the girl said, “Nithyanandam Ayya. There is

139

nothing to be angry. Swami Paramahamsa Nithyananda has come in our times as God's incarnation. Isn‟t it our duty to make use of that? If you agree, swami‟s devotees, Ma Nithyananda Bamini, Ma Nithyananda Kamini, Ma Nithyananda Roshini all three, for you ..” I disconnected the line. But my friend could not be like that. Little weak. So he fell. That Bamini, Kamini, Roshini - all are not brahmacharinis, they were trained by

Nithyananda

for

Upanyasa.

Experts

in

brain

washing. Young women aged between 20 and 40. The same business technique used in pubs. 378. The Complainant respectfully submits that everything the accused have stated in the aforesaid paragraphs is utterly outrageous and is wholly false and devoid of all truth. The Complainant wishes to further state that the names

Ma

Nithyananda Bamini, Ma Nithyananda Kamini and Ma Nithyananda Roshini are names that the accused have conjured for their imaginary characters. No such names were devised by the Complainant to address any of his devotees. 379. As such, the acts of accused of inappropriate comparison of the Complainant‟s affairs with the happenings in a pub are utterly defamatory to the good name and reputation of the Complainant. 380. The accused have further stated: Friend's wife went to Bidadi again. In this, another amusing thing is, in the ashram, women devotees from millionaire households will be washing eating plates that were used. Like that, they will be doing errands like, sweeping the floor, cleaning the toilets, lining up devotees' footwear. The first question I ask these millionaire women who don‟t even lift a finger in their households is, 'What is your husband doing in your place?' Nobody gave a straight answer. Un-Clutch, Un-

140

Clutch, Un-Clutch. Get reminded of the Hindi curse word beginning with 'behen' I will come to my friend's story. After the wife ran away to Bidadi the friend's state became worse. 'Not able to sleep in this big house. Sleep doesn‟t come in the night. Loneliness is pressing my neck and killing me. I feel left alone in this world. Even alcohol is not doing anything. A big darkness has engulfed me. I am leaving to find freedom from this pain'. Month of January – don‟t remember the date - I got this message from that friend at 10 in the night. I ran helter skelter to his house. It had happened like I had thought. The friend had consumed too much of sleeping pills. Even if I had come a little late, he would be gone. Usually I switch off the phone in the night. Fortunately because it was on that night, it was possible to save the friend's life After admitting the friend to the hospital I called Raga Sudha at midnight. My voice sounded different even to me. 'Raga Sudha, aren‟t you a Malayali? (Raga Sudha is K.R. Vijaya's sister's daughter). Call Kerala and ask who is Charu Nivedita. I am saying this the last time. If you do not stop the confusion you are creating in my friend's life, tomorrow morning, my interview about your Swami will appear in Malayalam newspapers. That‟s all I will say." Saying this, I ended the call. What I told Raga Sudha in the middle of the night, reached Saamiyar immediately. The next day, early morning, Saamiyar invited friend's wife directly, scolded and sent her to town. "There is something wrong in you" apparently he said in English. This is why I am saying that scoundrel has to be stoned to death.

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381. The Complainant respectfully submits that much of the aforesaid paragraphs depict stories and events that merely exist in the imagination of the accused and that which never took place. Ashramites and volunteers at the ashrams established by the Complainant are not discriminated on the basis of their pre-monastic wealth. Further, the task of cleaning utensils, washing the floors, sweeping the premises, and flushing the bathrooms and toilets are voluntarily assumed by the ashramites and no person is compelled to do anything that is not to his liking. As the accused have stated, several women from millionaire backgrounds might not have been familiar with many of these tasks. Still, such women willingly and voluntarily assume the responsibility to do these tasks. 382. The fact that the accused take exception to such acts merely speaks to their own estimate of the worth of such labour. The Complainant respectfully submits that there is inherent dignity in every human labour and endeavour. The person who persistently sweeps the floor and keeps it clean and usable is rendering a valuable a service to the humanity to the same extent as another person who writes for the benefit of others. The Complainant does not recognize any inherent distinction between the two classes of work. 383. The Complainant respectfully submits that the only element that distinguishes one class of work from another class is the extent of devotion that attends the performance of such work. 384. The accused have further stated in a very casual manner, an incident where their imaginary friend tried to take out his own life by consuming too many sleeping pills. As the accused have claimed, their imaginary friend was on the verge of death and that the accused saved him from termination by rushing towards him and admitting him to a hospital. Considering the fact that the accused seem to be thoroughly excited with

142

narrating ceaseless drama, it is respectfully submitted that the accused have not cited any further detail with regard to the said incident involving their imaginary friend. 385. The Complainant further submits that an attempt to commit suicide is always an extraordinary occasion and the fact that the accused seem to leave out the details of such an occasion can only lead to one conclusion – the above narration is yet another instance of their concoction and fabrication. 386. Further, the alleged threat by the accused to Raga Sudha that the accused will publish something about the Complainant in the Malayalam papers is contrary to journalistic ethic and profession. If there was improper conduct on the part of the Complainant whereby some individual was compelled to take the drastic step of committing suicide, the accused should not have negotiated with an unconcerned person on whether to fulfill their journalistic duty of reporting truth to their readers. The Complainant respectfully submits that the fact that the accused claim to have negotiated with Raga Sudha is a fitting reminder to the manner in which the accused discharge their journalistic obligation. It was not for Raga Sudha or for any other person to decide their journalistic content. Further, no such scolding as is attributed to the Complainant did take place. As stated earlier, the entire chain of events as narrated by the accused seems to have been carefully concocted and fabricated by the accused for the sole purpose of defaming the character and reputation of the Complainant. 387. The accused have further stated: Brainwashing family women and as brahmacharinis making them do slave work for him. If they are young women, using them for 'ice-cream' work. If there is opposition,

sending

them

home

saying

'there

is

something wrong in you' .This is what that man

143

(referred to in singular) has been doing for the last 5 years. Brahmacharinis

of

the

ashram

and

Satsang

mouthpieces called and chatted with me for hours. Because I like women who are God's creations, just like God, I will listen to what they are saying. How would it be if a lady calls at midnight and talks in a seductive voice? Raga Sudha herself has spoken to me like that many times. But she would call me "Anna". Should not blame. 'Can brahmacharinis chat for hours with a man like this? What ashram is this? What brahmacharyam is this?' I would think often. At the same time it would be fearsome also. It is alright if it is some other place. This is the place where God himself has come down as an incarnation. My mind would be confused: can chatting be

done

with

women

from

this

place,

that

too

brahmacharinis? But the phone call is coming from there is it not? I have never called there myself. 388. The Complainant has most reliably ascertained that one Ma Nithya Supriyananda did communicate with the accused on 6 or 7 different occasions concerning his proof reading work. Further, at no point of time, did Ma Nithya Supriyananda or Raga Sudha talk to the accused in a seductive tone. 389. The

Complainant

respectfully

submits

that

he

always

advocates moderation in talk and speech. As such, if the accused ashramite

had

noticed

inappropriate

or other devotee of the

speech

from

Complainant,

any such

inappropriate speech was not attributable to anything that the Complainant had taught or propagated. The fact that the accused have attributed everything objectionable that the accused have perceived in the conduct of one or two devotees to the Complainant‟s design is a clear indication of their

144

intention to defame the character and reputation of the Complainant. 390. The Complainant respectfully submits that there is strict segregation of the sexes in all of his ashrams and that no ashramite is allowed to inappropriately mingle with any member of the opposite sex. Their further allegation that an ashramite was persistently calling the accused to force upon the accused to become an ashramite has been verified and found to not be true. No such call was ever made and no invitation was extended to the accused to become an ashramite. 391. As such, by imagining a compulsion from their imaginary characters the accused have definitely defamed the character and reputation of the Complainant. 392. The accused have further stated: As

it

was

going

like

this,

one

day

a

young

brahmacharini called and started the old message “there is an amazing opportunity for you to become an ashramite”. How many days can I tolerate because it is women? That was my day. I will take care of this, I thought and said, 'What opportunity?' ashram branch is coming to Chennai. “Swami is going to build multistoreyed homes at a big location near ECR road. There, you and your lady can move in as ashramites” she said. The way she said sounded like Auroville in Puducheri. 'Alright, have you invited Jagi Vasudev and Sri Sri Ravishankar?

If

they

come

and

become

your

ashramites, I will come and join' I said. The girl didn‟t understand. What then? I‟m telling you again and again. I am a writer. Like your swami, Jaggi Vasudev and Sri Sri Ravishankar, I am an institution. Whatever information

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your swami has brought for people of the world, like that each writer has brought information. With that the case, why should I come and join your ashram? Why are you torturing me like this? Will your swami go and join Jagi Vasudev's or Sri Sri Ravishankar's ashram? No. That girl didn‟t understand anything I said. For all Nithyananda's slaves, they only know to repeat what that swami told them like parakeets, not to listen. They are talking dolls who have been given saffron. They don‟t have ears. They put another kind of trap, after deciding it‟s not worth talking to me like this. One midnight a young brahmacharini called me and started to talk to me for a long time about similarities (!) in my work and Osho's opinions on sex. That‟s the first time a desire to join the ashram came to me. 393. The Complainant respectfully submits that he never had any plans to establish any business on any property in any location near ECR road in Chennai. As such, their further allegation that some unknown ashramite had marketed such non-existent plans is without any basis. Their needless reference to saints such as Jaggi Vasudev and Sri Sri Ravishankar was unwarranted and inappropriate. It is improper on their part to depict the ashramites and certain other persons as individuals without a sense of timing or social sensitivity. 394. To the extent the accused depict the devotees of the Complainant as individuals who lack the freedom of thought and speech, the accused insinuate the Complainant himself for the acts of his devotees. The devotees of the Complainant are extraordinarily compassionate individuals who would never compel another person to do anything against his or her own wish. It is the height of insensitivity and hostility on

146

their part to characterize the devotees of the Complainant as slaves. Further, it is unfathomable why the accused would entertain a late night call from a devotee and it is even more mysterious on why the accused would entertain a devotee to talk to him about sexual issues at odd hours into the night. 395. The Complainant has the greatest degree of faith in all of his devotees and none of his devotees have done any such thing as the accused have described in the aforesaid paragraphs. 396. Therefore, by fabricating a state of things that do not exist in reality,

the

defamation

accused of

the

have

most

reputation

atrociously and

committed

character

of

the

Complainant. Original

news

report

Annexure P Date of

- Translated news report

–

Annexure P1 Volume: 10

Issue: 05

Publication: 29-Apr-2010 Author:

Position of Author in the Complaint:

Mathew Raj

Accused No. 18

A.V.Anand

Accused No. 15

Charu Nivedita

Accused No. 10

397. The accused have stated: Yes! On the 2nd March with so much of sensation started Nithyananda‟s lonely run and has finally ended in the Himachal Pradesh in a small village. Whatever happened starting from Nithyananda CD till the arrest, has made his many thousands of devotees to hang their head down. Nithyananda‟s matter does not need big flash backs. The CD in which Nithyananda was playing with

147

Ranjitha was released in a channel. Then his ex-disciple Lenin Karuppan gave complaint on Nithyananda to Chennai Police Commissioner. After that, case was registered on Nithyananda in six sections like rape, fraud, threat to murder… all these haven‟t moved from our mind even an inch? In a situation that the claims over Nithyananda have shifted to Karnataka, where did he go? What happened to him? This information was not known totally. „Disappeared‟ Nithyananda then three times appeared in TV and gave self explanation but nothing worked out. 398. The Complainant respectfully submits that while the accused may form an opinion that many thousands of devotees of the Complainant might have had to hang their head in shame, the accused cannot discount the fact that many devotees of the Complainant also stood by him during those moments of crisis. 399. Further, the Complainant submits that much of what transpired during those 50 days were unwarranted comments from a section of the media on a matter assumed to be true and never investigated in sufficient detail. The video that the Complainant

has

always

claimed to

be

morphed and

fabricated constituted the sole basis for unending criticism of the

Complainant

by

some

journalists

and

public

commentators. 400. As such, by drawing a false but sweeping conclusion on the response of millions of his committed devotees, the accused have

defamed

the

character

and

reputation

of

the

Complainant. 401. The accused have further stated: On the claims on Nithyananda, apart from 2 claims, others came to the hands of Karnataka CID police. Then

148

immediately they dug and searched three times in the Bidadi ashram of Nithyananda which is 35 k.ms far. It seems at that time with sandal wood, a lot of Indian and foreign currency was trapped. 402. The Complainant respectfully submits that the only cases that the Karnataka Police happened to investigate at the relevant time were the two cases that were filed in Chennai and subsequently transferred to Karnataka on the point of jurisdiction. When the accused claim that a lot of Indian and foreign currency was found, the accused have deliberately and falsely suggested that monies were found beyond the limits specified under the foreign exchange laws. Foreign currency was found to the tune of a few thousand dollars only and the same was fully within the limits stipulated under the foreign exchange laws in force in India. Further, Indian currency that was similarly discovered by the police was money that was properly accounted for and ran into no more than a few thousand Rupees. By deliberately giving an impression to their readers that massive sums of money might have been seized at the Bidadi ashram, the accused have knowingly and falsely sought to influence the minds of their readers negatively towards the Complainant. 403. The Complainant further submits that their imputation is therefore without a basis and is clearly defamatory to the character and reputation of the Complainant. 404. The accused have further stated: Meanwhile, „Where did Nithyananda go? What happened to him?‟ As these questions were bothering the police circle, the Karnataka special team have now arrested him in Himachal Pradesh with a question. “Ah! Are you here?”

149

How did Nithyananda get caught? When we started investigating this, a lot of interesting information came and dropped down. As soon as the problem regarding Nithyananda started, the Karnataka CID police started watching the cell phone numbers of eight Anandas including important administrator Sadananda. The police got irritated since they were changing SIM cards very often, and as the next step, it started watching important business owners who were in close connection with the ashram also. It

was

here

that

Gopal

Sheelum

Reddy

(alias)

Bhaktananda got caught. Because no one will doubt him, ashram administration has given all the secret activity regarding the case. As Bhaktananda did not know that police were watching him, a few days before, with the intention to get anticipatory bail for Nithyananda, to get Nithyananda‟s signature in the application for it, he got ready to go to Himachal Pradesh. As

Karnataka

CID

police

was

keenly

recording

Bhaktananda‟s cell phone calls like a keen snake, decided that Bhaktananda‟s next move is Himachal travel. As CID came to know that Nithyananda is hiding in Solan district in Himachal Pradesh and there are four ashram administrators along with him, took this information to Karnataka DGP. After this the information passed on to Chief Minister Yeddyurappa. Because we are saffron party the opposite parties abused us. He gave green signal in Nithyananda case to look at it through law without any favoritism. 405. The Complainant respectfully submits that he was in no hiding. Further, any person who wishes to hide and evade the

150

process of law would not seek an anticipatory bail from a court of law. The accused have stated two contrary acts in the same vein – that the Complainant was seeking anticipatory bail and that the Complainant was in hiding. To repeat, a person who wishes to hide and evade the process of law would not move for anticipatory bail. The moving for an anticipatory bail is a part of expressing one‟s commitment to the process of law. The accused were bound to be aware of the fact that a person who seeks anticipatory bail goes to the court with an expectation that should he be granted such anticipatory bail, the court concerned would invariably impose a condition that he shall co-operate with the investigation to the fullest extent. The Complainant was not in hiding at the relevant time. He had received credible information that several conspirators were whipping up public emotion for the purpose of creating situations of public disturbance around his presence. The Complainant was also led to believe that his closest disciples would be targeted by certain antisocial elements with a view to take advantage of the volatile situation. 406. There were credible reports about a threat of murder of the Complainant

by

certain

vested

interests.

While

the

Complainant would not fear any threat to his own life, he was compelled to stay away from the volatile situation at Bidadi by remaining in North India at that relevant time for the protection of his closest administrators. The Complainant further submits that notwithstanding the fact that he never gave an interview to their magazine at the relevant time, he did brief a section of the media in North India itself at the relevant time. Further, the Karnataka police or for that matter, the Tamil Nadu police clearly possessed information on the place where the Complainant had spoken to the media. It was never the intention of the Complainant to evade detection by police. It was more than necessary for the

151

Complainant at that relevant time to participate in his own investigation to the fullest extent and to demonstrate the truth to the public and to separate it from fiction that was incessantly reported by many media outlets. 407. As such, the reports by the accused are wholly distorted and constitute a clear attempt on their part to defame the character and reputation of the Complainant. 408. The accused have further stated: After the complete blessing of Karnataka Government, last

17th

additional

Karnataka DGP

government‟s

Bandari,

DSPs

CID

sections

Hussain

and

Chandrasekar and a special team travelled to Himachal Pradesh. As they came to know Bhaktananda‟s travel by the help of cell phone and as soon as they went, they also quickly understood that they cannot trace and catch Nithyananda in Himachal Pradesh that quickly. Even then, this team went around Solan district with the help of local police. One taxi driver informed that there a saamiyar from southern side is staying in Mumleek village. “Every day to go to market the secretary of Southern country Saamiyar assistant comes in my car only” the taxi driver said. The special team had enquired about the saamiyar‟s physical form. As driver‟s information on physical identities matched Swami Nithyananda, CID police with bright face rushed towards swami‟s house. The one who was there was absolutely Nithyananda himself. He and along with him Nithya Bhaktananda, Sanathanananda, Aript Sangli, Arul Raj all the four people are surrounded by police. 409. The Complainant respectfully submits that while it is true that at the relevant time, the Complainant and a small group

152

of devotees were lodged in a devotee‟s residence in Solan district of Himachal Pradesh, neither the Complainant nor any of his devotees made any effort to evade detection either by the locals or by the police at Himachal Pradesh. The Complainant was fully aware of the fact that the fabricated and morphed video was constantly beamed on television channels across the country and that the people of Solan were bound to be aware of his presence. 410. Moreover, as stated by the accused, the secretary of the Complainant freely walked onto the market and made no effort to evade detection by the public. The accused were certainly aware that a highly publicized person and his team would not freely roam into the market if only their primary intention to reside in that locality was to avoid detection by the police. 411. The accused were further bound to be aware of the fact that the Karnataka Police did not indicate to the persons at the ashram that they were seeking to arrest the Complainant. All that the Karnataka police did at the relevant time was to visit the ashram premises and to ask for whereabouts of the Complainant. The Complainant was never made aware of any intent by the police to arrest him. In fact, the Complainant learnt much later that a notice to the effect that the police were desperately seeking him was pasted outside his ashram at Bidadi only on the morning of the day on which he was arrested at Solan, Himachal Pradesh. 412. One of the reasons for the Complainant to have sought for anticipatory bail was to address the persistent outrage by some hostile journalists and their publications that the Complainant had not been arrested. It was felt by the Complainant that an effective method to address persistent demands by some hostile journalists who were demanding the arrest of the Complainant was to secure an anticipatory bail

153

from a court of law. As such, the Complainant respectfully submits that he was not in hiding at the relevant time. 413. As

such,

their

own

reports

clearly

reveal

that

the

Complainant was freely recognized in Solan. Therefore, their frequent characterization of the Complainant as “a person in hiding” is completely false and is highly derogatory and defamatory to his character and reputation. 414. The accused have further stated: The house in which Nithyananda was staying is owned by Maninder Singh who lives in Delhi. For the past one month Nithyananda is staying there only. What is special is, from Nithyananda Rs.3 lakhs cash, American dollars 7000, 3 video cameras, 8 cell phones and 3 laptops were taken. It‟s also known that Nithyananda spoke to many foreign countries through those cell phones. 415. The Complainant respectfully submits that he never carries any cell phone with him. There is no cell phone that is registered in the name of the Complainant or reserved exclusively for his own use. When necessary and critical, the Complainant uses the cell phone of his closest disciples. 416. Further, the Complainant respectfully submits that the accused seem to make a big issue about using a cell phone to make an international call. Almost every registered cell phone in use in India today comes with a facility to make an international call. The Complainant fails to understand the scope

of

their

reference

to

the

possibility

that

the

Complainant might have spoken to individuals in London, America or other overseas jurisdictions. A number of devotees of the Complainant are resident in overseas jurisdictions and certain

critical

communication

between

them

and

the

Complainant is bound to have taken place in those days of

154

interest to the accused. The accused possess no basis to take exception to such conduct. 417. As

such,

by

creating

a

false

account,

depiction

and

significance of materials seized by the police from the Complainant and his disciples at Solan, the accused have clearly

defamed

the

reputation

and

character

of

the

Complainant. 418. The accused have further stated: Meanwhile bored being under cover, Nithyananda, as per the advice of Lingayath societies Balagangadhara Swami, one news says, that Nithyananda himself gave information and got arrested. 419. The Complainant respectfully submits that the aforesaid paragraph is nothing more than a rumor about a non-existent state of affairs. The Complainant would always do what is in the best interest of his disciples. In the best interest of his disciples at the relevant time, the Complainant felt that it was appropriate to stay and reside at Himachal Pradesh. The Complainant

holds

Balagangadharanatha

Swami

of

Karnataka in great regard and respect. 420. Further, Balagangadharanatha Swamiji is not the spiritual head of the Lingayath community. Rather, he is the spiritual head of the Vokkaliga community in Karnataka. By needlessly talking about spiritual seers from certain castes, the accused have painted a picture of a false political conspiracy. As such, the accused have committed a blatant defamation of the highest order against the character and reputation of the Complainant. 421. The accused have further stated: While the situation is like this, and also in the state in which the requested bail is rejected from Ramnagar and Karnataka high court respectively, this sudden arrest

155

has happened. In this, what other surprise turns are going to take place is not known. 422. The accused have clearly stated that the Karnataka High Court had also rejected the anticipatory bail application of the Complainant at the relevant time. The Complainant states that the anticipatory bail application was not even applied for at the relevant time in the Hon‟ble Karnataka High Court. 423. The accused have further stated: Box message: Anivagukkumvazhakkugal… Queued up cases… On Nithyananda the cases on more than six sections including

those

threat

to

murder

are

filed

by

Dharmananda alias Lenin and lawyer Angayarkanni. In specific the fraud complaint given by Douglas Mc Keller who belongs to America is going to be investigated in America. Now on Lenin complaint only Nithyananda is arrested. “So far many who hesitated to give complaint on Nithyananda thought that with the help of politicians Nithyananda will escape, so giving complaint is waste. Now as Nithyananda got arrested, many will come forward to give complaint,” says police with belief. 424. The Complainant respectfully submits that no accusation of murder was leveled against the Complainant by the police either at Tamil Nadu or at Karnataka at the relevant time. Further even after completion of investigation, no case of murder has been registered against the Complainant as of this date. Therefore by deliberately misrepresenting the state of events to say that the Complainant was charged with the commission of a heinous crime like murder, the accused have

156

committed an irreversible defamation of the reputation and character of the Complainant. 425. The accused have further stated: As a coin has two sides, the other side of truth is lie, for good it‟s bad, same way, for God it is Satan. From Jesus to Adisankara everyone has told this. (The one who is ghost is the sinner who kills people. Yowan: 8:44) Like this only I got fooled by the Satan who is Nithyananda. I started thinking that I want to become an ashramite by the continuous request of the young girls from the ashram. But there were some hurdles for it, because I am a pure non-vegetarian. The only vegetarian food I have is tea and coffee. Apart from that even in greens I sprinkle little Chennangunni (a variety of fish) powder. The girls from ashram said, „Its „ok‟ for you as swami has said not to interfere in Ayya‟s food habits.‟ 426. The Complainant respectfully submits that “young girls” from the ashram were still girls above the legal age of 18. The Complainant respectfully submits that non vegetarian food has never been permitted at any of the ashrams established and administered by him. No exception has ever been made and no such exception shall ever be made for any person howsoever high he might be. As such, it is wholly derogatory on their part to say that the Complainant consented to their consumption

of

non-vegetarian

food

in

the

ashrams

established and administered by him. Thereby the accused have committed a grave defamation of the character and reputation of the Complainant. 427. The accused have further stated: This happened in my client Vasaki‟s family. She has two children. Son is a college student and daughter is a school student. One day she took her husband and children for saamiyar‟s NSP program. (Rs.4000 is a

157

ticket per person) Her husband and the children don‟t believe in this but somehow my client Vasaki made them to accept. But in a few days after they went to NSP and came back, saamiyar‟s terrible sex CD got released in the TV. Think about what would happen to the state of Vasaki. On the first day when it got released somehow they hid it from their children by switching off the TV. But their student colleagues in their school and college have mocked them showing the brass Bangle with the inscription „Nithyanandam‟ put in their hands by Nithyananda. With it, those terrible scenes also were shown on the TV many times. The children came home and broke and threw the saamiyar‟s picture which was in the Puja room. Till today they are not speaking properly to their parents. Vasaki told me weeping that her children will not even come to a temple. For the first time she took them to that program, hereafter I don‟t know whether they will even believe God. Like this, not in one family, Nithyananda has made problem in lakhs of family and destroyed people‟s belief in spirituality. This only my friend said jokingly as „spreading intellect‟. 428. The Complainant respectfully submits that he is led to believe and state that everything the accused have stated in the aforesaid paragraph is a sheer lie. The Complainant further wishes to state that countless devotees have braved the hostile environment around them to assert their allegiance to him. Therefore, had the accused only bothered to state the name of the devotee in question, the Complainant would have most willingly ascertained if what the accused have described did indeed occur with the devotee in question. Nevertheless, given their reputation for repeatedly fabricating stories out of

158

thin air, the Complainant is of the definite view that aforesaid paragraphs are nothing but their own imagination. 429. Therefore, the accused have most clearly defamed the character and good name of the Complainant. 430. The accused have further stated: We are seeing that Nithyananda is hiding and signing as Paramahamsa Nithyananda in the documents which he is sending to the outside world. It is usual to sell his books in meditation classes. (Lying saamiyar himself produced, they will sell everything apart from rice, tamarind and chilli, including shampoo - everything is money, money, money!) One message will come saying that if the books are bought there, saamiyar himself will autograph the books. I too got lured and bought a book. I saw it signed „Om‟ in Sanskrit. When I asked saamiyar, „Is this what is your name?‟ He released a lie saying “saamiyar has no name”. Now I understand to sign for thousands of people Paramahamsa Nithyananda hands will pain; then to press the hand we need to catch another actress; with that the time also can be saved, that is why saamiyar has signed „Om‟ in short! Can anyone even imagine like this I wonder. They say Siva‟s asset will destroy the whole community. If the thief takes Siva‟s asset, his whole clan will be destroyed. When it is like that will anyone use the Om vibration to make money? Will not even the worst thief be afraid to do that? This Om vibration and Christians‟ Amen, Muslims‟ Amen and Tibetans‟ hmm everything has a similarity. Nithyananda who played with this divine word told me a made up story too. When he was to take passport initially, he made the officer who came to take his signature go around for more than a week. The reason

159

is, he doesn‟t know which name to give. “Saamiyar doesn‟t have a name. So finally I signed OM”. What a big lie this is! Is his name OM in passport? Then why is he signing as Paramahamsa Nithyananda after he has got into sex scandal? Not just doing forgery in the name of God; Saamiyar says even the name Paramahamsa Nithyananda is given by an avatar Purusha who is walking around in the form of human being. The great soul who is living defying death, is living for many thousands of years in the same body. He has spoken to Jesus. He has given yoga initiation to Adi Sankara and Kabir. You also know him very well… 431. The Complainant respectfully submits that everything that the accused have conveyed in their aforesaid paragraph is blatantly misrepresented. The significance of signing the book by writing OM on it instead of affixing one‟s regular signature is largely spiritual in significance. The reason why the Complainant chose to draw a „OM‟ on some of the books presented to him was not to save the trouble or pain of having to place his signature on each such book. As the accused might have clearly seen in these books, the word „OM‟ has been authored with much care and precision. 432. The Complainant further submits that if only the accused had adopted a detached perspective that is so necessary for a professional journalist, the accused would have realized that it takes far more effort and pain to carefully write the word „OM‟ on every book that is presented to the accused than to merely write one‟s signature on each such book. The fact that the accused could not notice such obvious aspect is clearly a further proof that their journalistic orientation has been thoroughly suppressed in their pursuit of hatred against the Complainant. The accused could have simply done the

160

following exercise themselves to determine which one of the two activities involves more physical labour, effort and pain: a.

to sign one‟s name on 100 similar sized books OR

b.

to carefully write the word OM on each on the 100 similar sized books.

433. Further, it is submitted that the Complainant was not intimate with the accused in a manner that the accused has repeatedly stated. The Complainant did not perceive any degree of commitment or integrity in the accused during his limited interaction with the accused. The Complainant further submits that he has put the word „OM‟ to approved and proper uses only. 434. The Complainant further submits that he did not and could not have signed his passport with the word „OM‟ simply because a passport is a travel document and is not a religious book to merit the word „OM‟. Being a travel document that is issued by the Government of India, every passport insists on the accurate affixation of one‟s signature. The Complainant has accordingly placed his signature on his passport. It is utterly defamatory on the part of the accused to have formulated such fabrications as contained in the aforesaid paragraphs. 435. Further, when the accused state that a passport officer would visit a person to collect his signature, the accused have demonstrated an absolute ignorance about the manner in which a passport is procured in this country. No passport officer is ever going to visit the doorstep of an applicant to receive the signature of that applicant. Every applicant is required to affix his signature on his application at a designated spot and such signatures are thereafter detached from the application form and pasted onto a passport. In case of doubt or suspicion, a passport officer would summon the

161

applicant concerned to offer an explanation. Never will a passport officer visit the doorstep of the applicant himself. If only however, a passport officer would mistakenly visit the doorstep of an applicant, it is outlandish to also say that the officer concerned would further remain in the premises and wander there for a week. 436. As

such,

the

defamation

of

accused have the

character

committed an irreparable and

reputation

of

the

Complainant by making such false statements. Original

news

report

Annexure Q Date of

- Translated news report

–

Annexure Q1 Volume: 10

Issue: 06

Publication: 02-May-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

437. The accused have stated: Thousands of people who were affected by Nithyananda feel this should not happen in his case also. Because, even if the Bidadi ashram was in Karnataka the people who were affected by him were Tamils only. We should remember the fact that Tamil Nadu and Karnataka jointly worked when dealing with Veerappan. At least, Veerappan destroyed only the animals in the forest, but Nithyananda not only hurt the religious sentiments of the people he also destroyed many families. He has separated many young girls from their parents and given them the name of brahmacharinis and made them his slaves. He has captured the wealth of many thousands of people. The amount of 5000 Crores has been gathered by him in this manner only.

162

When the police encircled and captured him hiding in a small village in Himachal Pradesh he had with him 3 lakh rupees and 7000 American dollars. I think he would be the only saamiyar in the world to have such a huge amount as pocket money. All right! This pocket money is small for the property amount of 5000 Crores. I will come to the matter. Since the people affected by Nithyananda's criminal activities were mainly Tamils, the Tamil Nadu government should take over this case. In

Karnataka

programme

Nithyananda's

named

Kalpataru

one

day

will

take

meditation place

in

Kannada itself and for that no money is charged. Even then there would be just ten to twenty people attending that programme. I myself have seen this many times and have been full of surprise. This same kalpataru programme when held in Tamil Nadu, the charge for each person will be from 1000 to 5000 rupees. The number of people attending would be not less than 5000 in number. Do you now understand how gullible Tamils are? That is why I am telling you, go and drag and bring that Saamiyar to Tamil Nadu. 438. The Complainant respectfully submits that the accused have expressed a deep desire to seek mob justice inflicted on the Complainant. To ask for mob justice through the medium of a newspaper or a magazine is itself a certain offence under the penal laws of this country. The accused were further aware that one of the four individuals who was present with the Complainant at the time of his arrest in Solan, Himachal Pradesh was an American permanent resident. As such, a sum of 7000 United States Dollars found in the company of individuals of whom one is a permanent American resident is not an extraordinary matter. The said sum of 7000 USD is well within the permitted legal limit. As to their claim that the Complainant has more number of devotees from Tamil Nadu,

163

the same is a matter of fact. However when the accused claim that Tamil people are very gullible because they have chosen to express faith or devotion in the Complainant, the accused have committed an unpardonable defamation of a very noble and sacred class of people – the Tamilians. 439. As such, the accused are thoroughly mistaken when they express disenchantment with the choice of the Tamil people. 440. The accused are not an appropriate representative of the Tamil

people.

The

Complainant

has

not

the

slightest

hesitation in calling the Tamil race as the race with much compassion. 441. As such, by seeking to create public hostility against the Complainant, the accused have most seriously committed a grave act of defamation on the character and reputation of the Complainant. 442. The accused have further stated: The cheating Nithyananda has done is countless. I will just give one example for that. Recently one of my readers came and met me. Let us keep her name as Anandi. Hearing her words my heart trembled. What will Nithyananda do when he enters a family? He will mesmerize the young girl of that family and make her into a Saamiarini. Then he will separate the husband and wife. Because Anandi had a grown up daughter this did not happen. But he separated Anandi and her husband. For arguing that in the court he sent a lady to Chennai from his ashram. That lady has studied law. Anandi got the divorce and for that do you know what was the fees demanded by the Saamiyar‟s lawyer? 15 lakhs! In that Anandi has paid up one lakh. Even as the case was going on, the swamiar put in effort and

succeeded

in

brainwashing

Anandi

and

he

164

successfully made her into a swamini. Anandi wore the sacred thread and became a Vanaprasthi in the Bidadi ashram. But only for two months. She could not bear the torture of Gnanananda Maharaj. I asked, 'Was it sexual torture?' She said “No for that there are young girls. I am middle aged woman. Therefore I was given a different torture”, she started narrating. Readers may remember the torture the ashramites gave me. I have mentioned about it lightly but other matters intervened. They will give a 1000 page book and ask for it to be translated in just two months. Even if we do it as a full time job it will take at least two years. For such a job they will give the deadline as two months. But since I was a writer they were not able to ask me strictly about it. So hundred people will phone day and night and give torture. They will also come in person. Suddenly at 7 a.m. in the morning a phone call will come. 'Nithyanandam Sir' so starting, a man will ask repeating my address, „Isn‟t your address ayya'? 'Yes, why are you asking?' “Sir I am now in kutchery road, I have to come to your house; tell me some landmark.” My house is just 5 minutes distance only. I never knew that such a person is going to come. So with confusion I asked 'why are you coming? What is the reason?' “Supriyaamma Enlightenment'

asked

us

to

translation

if

collect it

the was

'Living over”…

(Supriyaamma refers to a 20year old saamiyarini girl) Look at the torture at 7'0 clock in the morning! Making my voice harsh I said, 'It is not yet over' and kept the

165

phone down. That whole day I would feel guilty because I have to turn down someone who wanted to come to my house. Later without giving a phone call they would attack in a gorilla fashion by coming directly to my door step. If this is the case with me, do we need to tell what would be the problem given to a girl who has joined the ashram as a brahmacharini? Anandi referred to Gnanananda in singular. Anandi is a software engineer. "He will keep some beautiful young girl by his side and give her some small work. But he will torture me by giving a work which can be done in one year and he will ask me to complete it in one week. When he sees that I am not able to do it he will complain to swami. Swami will then scold me sharply in front of everyone.

He

will

not

accept

whatever

I

say.

Gnanananda is a sadist. Anandi kept telling something or the other. She is a software expert. She could not handle the situation even for

two

months

and

deciding

to

give

up

the

Vananprastha, informed it to Nithyananda. Then the one thing he did made her lose her 15 crore worth of property

to

that

swami.

When

she

took

up

Vanaprastham, Anandi had given her 15 sovereign gold wedding (thali) chain to saamiyar. As soon as Anandi informed her decision to leave the ashram swami had her chain brought and gave it to her. Anandi at that moment fell in to his actions. She wrote and gave several acres worth of landed property in Chennai to saamiyar. Only in the padappai in the ashram, 3 acres, totally 15 Crores worth property (Nithyananda planned to build multi-storey apartments and keep us as ashramites in the lands he had obtained by cheating, from many people)."

166

After this Anandi's life became more miserable. She had to live separated from her husband, with her children. All the cash on hand and property had gone to saamiyar. To this Anandi who was torn to shreds, with sorrow, that lawyer lady of that swami planned to extract more money from her. Anandi received a letter from her asking for the balance of 14 lakhs for conducting of her divorce case. I believe many lawyers would be reading this article. Is there a fee of 15 lakhs for conducting an ordinary divorce case? I myself saw the xerox copies of the bill sent by that lawyer of that swami. That lawyer has mentioned an amount of Rs. 15,000 for sending the petition of complaint to the Chief Minister 'people's grievance cell'. Rs 15,000 just as courier expense! Must be the training of swami. Regarding this when Anandi spoke to swami's secretary do you know what reply she received? If you listen your blood will boil. One more thing, Anandi belongs to a very popular family in the art field. 443. The Complainant respectfully submits that everything that the accused have stated in the aforesaid paragraphs is outrageous and is a blatant lie. Notwithstanding that the accused have said that the accused would want to call some unfortunate woman who exists merely in their imagination as Anandi, the Complainant has ascertained with the greatest reliability that no such woman who fits this description exists in reality. The Complainant did not engage the services of any of his devotees or of any other lawyer to secure divorce for this woman who the accused call as „Anandi‟. 444. Further, the Complainant respectfully submits that the accused were under a duty to immediately report the said lawyer to the Bar Council of Tamil Nadu as a fee of Rs. 15 Lakhs to secure a divorce is unheard of and is a clear form of

167

monetary

extraction

and

is

therefore

a

violation

of

professional ethics applicable to the practice of advocacy. 445. The Complainant respectfully submits that he is in the least concerned with the securing of divorce for any of his devotees. In fact, he would always advise that a married woman should be compassionate towards her husband and that a married woman should try to her utmost extent to preserve the marriage in the larger interest of the welfare of their children. 446. The Complainant has ascertained from Nithya Jnanananda that he is aware of no such woman ever having come into the ashram

whether

Complainant

has

at

Bangalore

further

or

anywhere

ascertained

from

else. Ma

The

Nithya

Supriyananda that she never did communicate with the accused during the hours that the accused have stated and that her communication with the accused was always at the time desired by the accused. In all, the communication by Ma Nithya Supriyananda with the accused did not last beyond 6 or 7 conversations. The so called Anandi, as already stated, is a mere figment of their imagination. The Complainant further wishes to state that a sum of Rs. 15,000 being charged by a lawyer in the name of a courier charge for a document to be displaced from one part of Chennai to the office of the Hon‟ble Chief Minister in Chennai is itself outrageous and is a clear invitation

for

concerned.

professional

Nevertheless,

disciplining the

of

Complainant

the

advocate

respectfully

submits most categorically that everything that the accused have said in the aforesaid paragraphs is their own perverse imagination. 447. Therefore, by creating a fictional story for the sole purpose of damaging the reputation of the Complainant, the accused have irreparably damaged the reputation of the Complainant. Original

news

report

- Translated news report

–

168

Annexure R

Annexure R1

Date of

Volume: 10

Issue: 08

Publication: 09-May-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

448. The accused have stated: The reason for Nithyananda to establish his ashram in Karnataka rather than Tamil Nadu is, I said a political leader of Tamil Nadu. He is none other than Tamil Nadu Chief

Minister

Kalaignar.

In

every

discourse,

Nithyananda attacks him (Kalaignar) and DMK without mentioning the name. The DMK and its leader who came in the Dravidian tradition will be hurdle for Nithyananda to do fraud in the name of spirituality. That is why he started the ashram in Karnataka. He knows very well that without political influence, doing business with spirituality is impossible. 449. The Complainant respectfully submits that the reason for him to establish the Dhyanapeetam at Bidadi in the State of Karnataka is purely rooted in spirituality and has nothing whatsoever to do with the political parties in Karnataka or Tamil Nadu. A certain banyan tree that is worshipped in the Nithyananda Dhyanapeetam at Bidadi is a major incentive for the Complainant to have established his ashram at that region. 450. The Complainant however continues to make frequent visits to Tamil Nadu. Further, he retains an inseparable bond with his ashram in Tiruvannamalai in Tiruvannamalai district, Tamil Nadu. The Complainant respectfully submits that the political relations between the people of Tamil Nadu and

169

Karnataka does not concern him or for that matter any serious spiritual seeker. 451. The accused have suggested that the Complainant‟s affairs and activities in the State of Karnataka have the tacit support and approval of the political masters of Karnataka. It is grossly inaccurate on their part to state as such. The Complainant has not sought any favour of any kind from the Government, administration or the law enforcement in the State of Karnataka for any of his activity or affair in this state. All progress of the Complainant in the realm of spirituality is attributed solely to the solemn relationship between him and his devotees and not to any favour from any governmental agency. As such, to imply that the Complainant receives government patronage to commit fraudulent activity in the State of Karnataka is wholly defamatory to his reputation and his character. 452. The accused have further stated: Moreover, Nithyananda always talks badly (ill) about the unique culture and fame of Tamilians. In an NSP program he spoke badly about both Agananooru and Purananooru. Both of these talk about the richness of the Tamil culture nearly 2000 years back. But Saamiyar doesn‟t

like

anything

about

Tamil?

So

he

said

“Agananooru is a man running away with a women. Purananooru is men killing each other”. I have used the words of Saamiyar as it is. Hearing this, the friend who was sitting nearby looked at me and asked with shock, “What is this, your swami is blabbering like this?” I too didn‟t understand, anyway I laughingly managed to tell my friend that, „May be for the God who created the universe,

170

Tamil literature is not known it seems‟ Now only I know that he told himself as God but he is only a man after all and doesn‟t know anything about Tamil literature. It was proved once more in the same NSP that Nithyananda is an idiot in Tamil literature. A young actor wrote and gave to him (swami) Tamil poem in praise of him (swami). That poem was worse than the ones which will be written by party men for his political leader. What Swami should have done with that? Instead of tearing and throwing that garbage he himself enjoyed reading it to all the people. Even though Swami didn‟t like Tamil Nadu, those who got fooled by him are Tamilians. The Brahmacharinis in his ashram are mostly from Tamil Nadu. Knowing in advance that he be will taken for a ride in Tamilnadu if he gets caught in sex scandal wearing saffron, he has established the ashram in Bengaluru. 453. The Complainant respectfully submits that their statements in the aforesaid paragraphs are outrageous and distanced from the truth. The Complainant has the greatest regard and respect

for

Aganaanooru

and

Puranaanooru.

The

Complainant has enormous regard, respect and devotion towards Tamil literature and submits that would never speak ill about Tamil literature which boasts of an antiquity of several millennia. 454. The Complainant further submits that he is not of any view that the Tamil population is tolerant of more deviousness in a spiritual seeker than it would tolerate in a literary scholar of Tamil Nadu. It is thoroughly outrageous on their part to have stated that the Complainant has established his ashram in the State of Karnataka for the sole purpose of evading detection by the people of Tamil Nadu for his alleged devious activities. The Complainant engages in no devious activity.

171

Therefore, the accused have most definitely injured the reputation and character of the Complainant by making such outrageous statements. 455. The accused have further stated: Now after getting caught unexpectedly, he expected that BJP‟s Karnataka Chief Minister Yeddyurappa will help him. But Yeddyurappa didn‟t help because he was afraid after looking at people opposing Nithyananda. But if Yeddyurappa would have acted with focus or allowed the police to act, it would not have taken 50 days to catch this saamiyar. Even though the police have surrounded and caught him in the last minute without allowing him to escape abroad, this needs to be praised. But they missed Nithya‟s personal secretary Gopika? She would have been the main witness in this case but now, even her whereabouts are not known? 456. The Complainant respectfully submits that everything the accused have stated in the aforesaid paragraph is an outrageous lie. The Complainant neither sought nor received any sort of favour from the police, administration or the political class in the State of Karnataka. The Complainant further submits that it took 14 days for the Complainants to be transferred from the State of Tamil Nadu to the State of Karnataka. 457. The Complainant further submits that the accused have deliberately feigned ignorance about a basic principle of criminal law, i.e., the police would arrest a person only if circumstances warrant such arrest. No citizen deserves to be arrested simply because some certain journalists write in their papers asking for such arrest. As such, the accused have not the slightest information on whether the police sought to arrest the Complainant at all from the very inception of the Complaints. The accused are mistaken when

172

they claim that the police sought to arrest the Complainant on day one and that political influence exerted by the Complainant stalled such arrest for a period of 50 days. The accused possess no basis to state that the police were keen to arrest the Complainant on day one. The arrest of a person accused of a crime is wholly discretionary to the police. 458. The Complainant further submits that in our system of governance, no person can be punished merely because some disgruntled individual lodges a Complaint against a person. Further, it is not for the police forces to determine the guilt or innocence of a person. The guilt or innocence of a person can be determined only by a court of law upon conclusion of a trial properly conducted for such purpose. 459. As such, their repeated disappointment with the fact that the police

did

not

arrest

the

Complainant

sooner

is

a

disappointment that has as its source, ignorance and hostility towards

the

Complainant.

Further

the

Complainant

respectfully submits that he had not the slightest imagination to flee the jurisdiction of India and to travel to a jurisdiction beyond the extradition power of the Government of India. When the accused state that the Complainant sought to escape to a foreign country, the accused have committed an irreparable defamation of the reputation and character of the Complainant. As such, by stating lies and repeating those very lies, the accused have committed a gross defamation of the character and reputation of the Complainant. 460. The accused have further stated: As I wrote what swami will do in police investigation he has used the same technique. Without cooperating for investigation he has slept the whole day fooling the police. I don‟t know about police very much because I am afraid even to violate traffic rules as I regard it as big crime against the country. Also no friends in police

173

department, so all my doubt is this, how Nithyananda was allowed to sleep the whole day? How police did not know

that

he

is

tricking

to

escape

from

the

investigation? Will police investigate the terrorist Kasab who

killed

public

people

in

Mumbai

like

this?

Nithyananda has committed a greater crime than them, Is it not? Even now when I am writing this I saw the news that Nithyananda has gone to Hospital saying chest pain. Good that he said chest pain. But for what he has done he should have got some other pain? Looking at Nithyananda‟s shoulders and muscles can he be said to be saamiyar? He looks like a body builder. Is it not? When a devotee asked about this he said, “All this comes because of many types of Yoga exercises”. But it seems in reality this fellow has lived only eating items like almond nut, pistachio nut and dried grapes. When police gave him idly to eat he was adamant that he will eat only almond and pistachio. Eating like this, will the mind be in pursuit of spirituality? Will it not look only for actresses? (Let it be; what muses me very much is that, after all this happening that person (swami) is still wearing sleeveless banyan (T-shirt) and showing off!) 461. The Complainant respectfully submits that everything that the accused have stated in the aforesaid paragraphs is grossly mischievous and is completely distanced from the truth. The Complainant did cooperate with the police during his custody to the fullest extent. Further, the Complainant did not pretend to be ill during his custody. 462. The Complainant further submits that he adheres to a certain discipline on the intake of food. The Karnataka Prisons manual permits the provision of home food to a person

174

awaiting trial. As such, the Complainant chose to consume satvic food specially prepared by his devotees in the ashram instead of consuming the food offered by the police. It is plainly unthinkable to expect an under trial to demand from the police, almond nut, pistachio nut and dried grapes. No such demands were made by the Complainant to the police during his custody. 463. As such, by fabricating a chain of events that never took place, the accused have committed a gross defamation of the reputation and character of the Complainant. 464. The accused have further stated: Nithyananda is a terrible criminal. This can be known just by the things what he was using. He was caught with laptops, mobile phones, CDs, Pen-drives almost like the volume of a computer store. By a document which was got in this, the doubt which we had so for is proved. It‟s the gist of the 10 pages of agreement made to sign by the woman who come to join in the ashram. The

agreement

says,

if

it

is

necessary,

sexual

relationship may be had with that person. Not only that, “Both men and women may have to be nude; may have to watch pictures/visuals related to sex; may have to learn the art of many types of tantric sex from written language and by listening; direct training is offered to members in ancient tantric arts to get into sexual relationships in a way that they can increase/boost spiritual joy and freedom. These activities may be mentally and physically challenging. No member should show objection for this agreement; this should not be informed outside at any condition. It means that those who sign on this, come forward themselves and offer an unconditional agreement.”

175

This agreement taken by Nithyananda from each and every woman who comes and joins his ashram is like the one which challenges the Indian law itself, because as per Indian law no one can have slaves for sex by making an agreement; cannot invite for group sex on an agreement.

For

example,

is

it

possible

for

an

organization head to make an agreement with a woman who comes to that organization to study or to work? „I will have sex with all those who come and join with me; you should not say this to anyone; moreover it means that you are coming to me by your own wish‟. If a person makes an agreement like this, can there be an anti-social element like him? Is that what Nithyananda is doing? As he has made many hundreds (thousands?) of women as his slaves for sex by making an agreement which is against the government law itself. Nithyananda has to be treated as a national criminal. I wish to tell information about the tantric sex which is mentioned in the agreement, to the police officers who are investigating Nithyananda. Then only the intensity of

his

crime

can be

understood.

To

understand

Nithyananda‟s agreement the film „Caligula‟ directed by Tinto Brass has to be seen, as this film is regarded as the height of sexual perversion/lust. Only a person with mental strength can see this movie. Many have fainted and even vomited while watching it. This is what Nithyananda mentions in his agreement (these activities may be mentally and physically challenging). Because in those tantric sex acts many varieties of things will be there including group sex, homosexual, incest, rape, masturbation. (Caligula had sexual relationship with his own younger sister. When he thought of marrying her, the then Romanian law didn‟t permit it) just compare

176

this

here

that

Nithyananda

used

to

call

his

brahmacharinis as „Amma‟. Now, the question I would like to ask, to those like the head of Tamil publication dept. Supriya and actress Raga Sudha: Did you sign Nithyananda‟s sex agreement after reading it? Did he have the above said tantric sex with you? Once Nithyananda told me, “I am an Aghori”. Does he eat dead bodies like Aghoris? 465. The Complainant respectfully submits that the statements made in the aforesaid paragraphs are thoroughly false and misleading. With respect to the non disclosure agreement, the Complainant did state certain facts to the Hon‟ble High court of Karnataka in his Criminal Petition No. 1031 of 2010. 466. Further, the Complainant respectfully submits he was not even aware of the existence of any of these Non-Disclosure Agreements until the later part of this year. The Complainant learnt about the said Agreement from his administrative staff only in the later part of 2010. The Complainant respectfully submits that none of the said Non-Disclosure Agreements even contain his signature. The Police have deliberately suppressed to this Hon'ble Court, the fact that none of those Non-Disclosure Agreements contain the signature of the Complainant. However, should any of those Agreements contain a purported signature of the Complainant, the Complainant steadfastedly disputes the same and seeks the leave of this Hon'ble Court to file a formal complaint of 'forgery' against the provider of such document to the police. 467. Further, the Complainant respectfully submits that he learnt, in the later part of 2010 that the said Non-Disclosure Agreements were secured by the administrative staff of the Nithyananda Dhyanapeetam as a routine protection from an increasing

number

of

American

citizens

visiting

the

Complainant - the administrative staff at Nithyananda

177

Dhyanapeetam

were

apprehensive

about

the

threat

of

frivolous but punishing lawsuits from motivated or tutored American or western citizens or residents. 468. The Complainant respectfully submits that the Police have made baseless inferences on the basis of documents that are already in the public domain. The Complainant submits that the 'Non Disclosure Agreements' are not opposed to any law of India and were primarily drafted for the purpose of limiting the liability of the trusts and the Complainant in the event that a foreign citizen who is not introduced to the ways and means of worship adopted in Indian temples and to the naked pictures of goddess and idols that adorn some temples finds it distressful or offensive to discover such a tradition while participating in a sermon, discourse, tour or pilgrimage conducted by the Complainant. The Complainant most respectfully submits that he has never ever had or compelled any person howsoever to engage in sex as part of his religious instruction. As such, the claim of the Police that the Non Disclosure Agreements were designed to facilitate sex is a mere accusation wholly based on cautious language in the Non Disclosure Agreement. The Police have failed to note that, when a typical American lawyer is asked to draft a NonDisclosure Agreement for the benefit of an Indian religious preacher, for use by citizens of the United States and the western world, any competent drafting would involve the identification of Hindu practices that are recognised in the western world as exotic or unusual. As such, the Non Disclosure Agreements merely disclose the mindset of an American 469. who would take steps to limit the liability of his client in the event that the citizens of the United States find some Hindu practices

as

offensive.

As

such,

the

Non

Disclosure

Agreements represent nothing more than an overzealous

178

drafting by an American lawyer for the benefit of an Indian religious practitioner for use by a citizen of the United States. 470. As such, by engaging in a gross distortion of an actual event over which the Complainant had no control or supervision, the accused have most blatantly injured the reputation and character of the Complainant. Original

news

report

Annexure S Date of

- Translated news report

–

Annexure S1 Volume: 10

Issue: 09

Publication: 13-May-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

A.Vijay Anand

Accused No.15

471. The accused have stated: In Swami Nithyananda‟s affair, the goat-and-tiger game that started on March 2nd has reached an exciting phase. While saamiyar is staying in Ramnagar jail, all news surrounding the central character in the video – actress Ranjitha – has been making rounds like mystery stories. Sixty days later, Ranjitha who broke her silence through her lawyers said attackingly

“They have

destroyed my private life”; but she has not fully denied the accusations that have been made on her. Although saamiyar Nithyananda is in the Ramnagar Women‟s Jail in Karnataka, his immediate need is to get anticipatory bail from all the cases against him. Because his disciple Bhaktananda is near him, Swami Nithyananda is not agitated too much. Dhyanapeetam is saying that what is happening around him is some sort of political game. Although Yeddyurappa is managing

179

the opposition party and is projecting the image of a centrist politician, it is said that all the efforts are being done to dilute the case against Nithyananda. On top of that, it is believed that Dhyanapeetam thinks that if Ranjitha appears before the media for any reason, then that will hurt the case, so Dhyanapeetam is carefully hiding and protecting her. Further it is believed that well known lawyers from Delhi, P.M. Associates have been retained by Ranjitha. “I will pursue a case of slander and defamation against YouTube and Tamil channels and print media which have continuously spread false claims against me. I will file cases in the court according to the cyber-crime laws”, Ranjitha said through the lawyers. It is said that she did this upon instigation from the ashram. Bangalore CID Police investigations are ready to even give shock treatment to Ranjitha, who has played with them by repeatedly refusing to appear before the CID Police. „Without coming to the inquiry, actress Ranjitha has prolonged the case. Even after sending summons, she has not appeared‟-Using this reason these police are intensely trying to obtain a warrant from the court to detain her. Even though Nithyananda has been in police custody for eight days the police haven‟t troubled him in any way. With meditation at 5.30am for one-and-half hours, then puja with flowers, another puja at 12 noon, and another at 9pm at night, Nithyananda is quiet. Even though food has been served according to jail rules, he is determined to return to the ashram soon. 472. The Complainant respectfully submits that the accused have fabricated most of the accounts contained in their paragraphs cited above. As stated earlier, the law enforcement spared no effort in prosecuting the Complainant to the fullest extent. He

180

most reliably states that no kind of effort was initiated by any person to dilute the accusation and charges against him. 473. As such, by stating that the prosecution against the Complainant was flawed and that politicians favoured him in the course of his prosecution, the accused have cast a grave defamation

on

the

character

and

reputation

of

the

Complainant. 474. The accused have further stated: One of the Bengaluru police who spoke to us said “The ashram is falsely spreading the news that Nithyananda is a woman who looks like a man, that‟s why the police have kept him in a woman‟s jail. This jail that is in Ramnagar was first built for women. The façade of the jail still says “women‟s jail”, but otherwise it has been used now as a jail for men. One thing

that

Nithyananda

said

relating

to

Ranjitha

surprised us. He told us that when he was studying 10 th standard in Thiruvannamalai, as a fan he used to keep a picture of Ranjitha in his bag. Even if he speaks only once in a while, we receive some interesting news like this”, the policeman said with a slight smile. 475. The Complainant respectfully submits that the choice of the jail was not made by him. Rather, the police had lodged him on

the

direction

of

the

appropriate

Magistrate.

After

completion of the police custody, the Complainant was remanded to judicial custody and the unused women‟s jail cell in the district of Ramnagar was chosen by the Karnataka police to lodge him during the period of judicial custody. The accused were certainly aware that the so called woman‟s cell in the Ramnagar jail did not have any woman inmate. 476. Further, the Complainant never uttered any such statement, as claimed by the accused, to the police in the course of his

181

interrogation. With a view to address such reports from the accused and other media outlets, the Complainant had moved an application before the Chief Judicial Magistrate, Ramnagar District on 19 Mar 2011 seeking an unedited copy of the interrogation video that was shot throughout the period of his interrogation by the CID police. 477. In response to the said application, the Karnataka police have stated to the Court that all statements made by the Complainant in the course of their interrogation were already made part of the charge sheet – thereby implying and establishing that the aforesaid accounts are the accused‟s own fabrication. The improper story that the accused have woven in the aforesaid paragraphs that the Complainant confessed to the police to having had a certain attraction for a cine actress is a criminal concoction of their own mind and nothing else. 478. As

such,

the

defamation

of

accused the

have

reputation

committed and

an

character

atrocious of

the

Complainant. 479. The accused have further stated: First a few questions… Nithya has escaped by doing comedy during the 8 days that he was in police custody. Now he has been imprisoned in the Ramnagar jail. There is no surprise in keeping prisoners who need to be investigated in jail. But Nithyananda has been kept in the women‟s jail. Saamiyar is counting bars only because he was lustful with women. This being the case what will happen if he is kept in the women‟s jail again? Won‟t he change that jail also into a sex club like the Bidadi ashram? Instead they can imprison him with crafty thieves, rapists or murderers. This is because he has not only committed sex crimes. He has done a lot of foreign

182

exchange scam. He would take gold coated rudraksha mala and kamandalu when going to America. While returning he would make everything into solid gold and bring it. He has done this gold smuggling for many years. So there is nothing wrong in putting him with highway looters. 480. The Complainant respectfully submits that it is absolutely atrocious on their part to state such things that are contained in the aforesaid paragraphs. The Complainant is not aware of what reasons motivated the Karnataka police to assign him to the women‟s cell at the Ramnagar jail. The Complainant is of the belief that such an assignment was made by the police to prevent the possibility of certain vested interests making attempts on the life of the Complainant while in judicial custody. As such, given that the women‟s cell in the Ramnagar jail was already empty and without any inmate, the

Karnataka

police

probably

chose

to

assign

the

Complainant to the women‟s cell in the said jail. 481. The Complainant further submits that a women‟s cell is indistinguishable from a men‟s cell so far as jails are concerned. It is absolutely defamatory on their part to say that the Complainant would also convert a woman‟s cell into a sex club. The accused have therefore committed a grave defamation

of

the

character

and

reputation

of

the

Complainant. So far as their statement that the Complainant has also committed certain other offences is concerned, one can only state that their conviction is a product of deliberate criminal design to abuse their journalistic license to the detriment

of

the

Complainant.

The

Complainant

has

committed no violation of any foreign exchange law and his ashrams have complied with all applicable foreign exchange laws. There has been no accusation, let alone prosecution of any kind either against the Complainant or any of his

183

ashrams for any violation of the foreign exchange laws in force in India. 482. Further, all applicable gold control laws have been thoroughly honored by the Complainant at all relevant times and none of his ashrams have ever been accused, let alone prosecuted, for any offence under the gold control laws in force in India. 483. As such, there is no further possibility of the Complainant having smuggled gold in and out of India while he has complied with all gold control laws in force. 484. The

accused

defamation

of

have the

therefore reputation

committed and

an

character

atrocious of

the

Complainant. 485. The accused have further stated: Saamiyar says, “I did spiritual research with Ranjitha”. This being the case then Sex Doctor Prakash who gave anesthesia to the women who came to him for treatment and made blue films out of it can also claim that he was doing

spiritual

research?

After

Nithyananda

gets

punished he can be put with Sex Doctor Prakash in the same cell and maybe we will get an answer to this question. If we imprison Premananda also along with him then there is scope for further research findings. 486. The Complainant respectfully submits that their hostile imagination is clearly evident in their aforesaid paragraph. By publishing sheer imagination drawn from their own mind, the accused

have

irreversibly

defamed

the

character

and

reputation of the Complainant. 487. The accused have further stated: Nithyananda is not taking the food served in jail. Instead he is asking bring me badam, bring me pista and is having that. We have heard all these years that

184

they serve Kali in the jail. Is this false? Does it mean that they no longer serve kali? I have my doubts if Nithyananda is reading what I write in Kumudam Reporter and using it to protect him. I wrote that he is not a man. Immediately to escape from the rape charges against him he declares that, „I am not a man.‟ Then he could have mentioned in the passport that he is a „hijra‟. Why has he mentioned that he is a „male‟? Next I had mentioned that Nithya needs to be put in a separate prison. Likewise, he has applied for and asked, „Put me in a separate jail‟. Even though I have written in such a severe manner about him, he has taken that which is useful for him to protect himself and he has changed me into his free legal advisor. Look at this Saamiyar‟s talent. 488. The Complainant respectfully submits that he was not at any point of time a privileged inmate at the jails in which he was lodged. The Complainant always prefers satvic food only and had therefore requested the authorities to permit him to consume

satvic

food

prepared

at

his

ashram.

The

Complainant further submits that the jail authorities had no facility to provide food stuff such as badam or pista. Moreover, he would not have asked jail authorities to provide him with anything other than what they would typically serve for other inmates. 489. The accused might have written whatever they wanted but the Complainant would not take benefit from anything that the accused have chosen to write about him. Accordingly, by imagining perverse conduct and character on the part of the Complainant, the accused have committed an atrocious defamation of his reputation and character.

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490. The accused have further stated: I did not only write that Nithyananda is not a man. Since he is not a man there is no problem for anybody. But he changed into a sex psycho and indulged several women in sex perversions. With the mad rage that nobody should get what he could not get he broke many marriages. He made all those women divorce their husbands and took them and kept them with him. In this same way he made Gopika who came to him, divorce her husband and kept her as his personal secretary. Saamiyar used to spend half of the year in America. At that time Gopika has also gone with him to America. Saamiyar did not keep all the women whom he gave sannyas at close quarters like how he had kept Gopika. Gopika‟s beauty and capability is the reason for this. Gopika is one who got a Ph. D in the US. 491. The Complainant respectfully submits that he has already refuted and denied a similar version that the accused have published earlier. The Complainant was not aware of the marital status of Ma Nithya Gopika when she chose to volunteer her services for the benefit of the ashram. The Complainant further submits that he had later ascertained that she was never divorced and that she led a cordial marital life at all relevant times. The Complainant further submits that it was simply immaterial whether Ma Nithya Gopika held a Ph.D. qualification in the United States. Nevertheless the Complainant has ascertained that Ma Nithya Gopika never possessed any Ph.D qualification, whether in the US or elsewhere. 492. As such, the accused have most clearly defamed the character and reputation of the Complainant by making such improper imputations. 493. The accused have further stated:

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Now on questioning some people close to Saamiyars another shocking news we got. They say that this palaana CD that was the reason for Saamiyar‟s arrest was made because of fight among the keeps. They say that Gopika is the reason for this CD to be made as she saw day by day actress Ranjitha becoming close to saamiyar. That faction of people argues that Gopika was not able to bear Ranjitha who was older to her but was less worthy than her getting close to saamiyar. How far this is true we will know only if we find out from Gopika. This has not stopped with separating couples and making the women as swaminis and keeping them with him. Nithyananda‟s sex perversions are unimaginable. When the police have searched the ashram they have obtained 36 video pictures. In that in the least 5 women have been featured. (Without so much delay if the police had searched the ashram before more important records could have been obtained). 494. The Complainant respectfully submits that the police could never have informed the accused of what materials were confiscated or seized from the ashrams of the Complainant to an extent that did not match with their seizure report. There were no videos or other incriminating material that were seized from the premises of the Complainant at any point in time by the police. The police never discovered anything to even remotely indicate the possibility of sex between the Complainant and any other person. As such, everything that the accused have stated in the aforesaid paragraph is a product of their own criminal intent to irreversibly defame the character and reputation of the Complainant. 495. The accused have further stated:

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It is here that we have to remind ourselves of Caligula. Caligula‟s sex matters were such that it could not be put in print. I will mention a few with lot of hesitation. It was one of his orders that many couples must be around him and must be involved in different sex leelas. He will talk to his ministers in such a setting and he will do his strategy planning then. The court will function only in the midst of all this different sex play. One day Caligula goes to the marriage of one of young nobles.

During

the

marriage

feast

he

asks

the

bridegroom directly in front of everyone, „Are you a virgin?‟ She says, „Yes‟. Caligula takes her and that groom to a separate room. He says, „I have to check and see if you are a virgin. Remove your clothes.‟ He removes her clothes and makes her nude on that wedding day and in front of the groom rapes her. Once he knew she was a virgin he turns to the groom and asks him, „How about you? Do you have any experience in sex before or are you new to it?‟ The groom says, „Even I do not have any experience in sex before.‟ Caligula says, „Then it will not be right for an unchaste woman to wed a chaste man.‟ Caligula makes the groom nude and has homosexual relationship with him. The others outside hear the wails of the bride and groom. In this manner there have been hundreds of incidents in Caligula‟s life. Such people are only called as sex psychos. Such kinds of acts are being done by Nithyananda. After being caught he is saying it is all spiritual research and Tantric sex and he is lying. When we were talking about the movie, „Naan Kadavul (I am God)‟ he said, „I am also an aghori.‟ „But the practice of eating dead bodies is not there now. 100 years before itself that practice was gone.‟ He said. Then itself I realized he did not know

188

anything about Aghoris. This is because I have seen Aghoris. I have moved with them. They are not like this fake Saamiyars. They will not touch money with their hands. Their only food is the dead bodies that float in the Ganges River and the water from the Ganges. According to the aghoris the dead bodies are just bodies. We kill live animals for our food. (When they slaughter the goat, the wailing of the goat if people with a compassionate heart hear it they will not be able to eat non-vegetarian food for the next one week.) Aghoris do not kill any living thing for their food. Because it is a dead body it gives us little fear that‟s all. Otherwise they are not worse than us. Among Sadhus the strongest faction is Aghoris. To become an aghori one needs to do severe penance in the cemetery for 12 years. Those who live with the dead are Aghoris.

Their

kingdom

is

the

graveyard.

As

descendents of Shiva they will not wear anything else other than a loin cloth. I have seen them in -5 degrees of cold weather also. They will not wear anything else. Even if we wear 5 sweaters our bodies will shiver in that cold. But they will go around with bare bodies in a very normal way. One of the aghoris whom I met went to red light area once. What happened there? 496. The comparison of the Complainant with Caligula or some Aghori is outrageous and is utterly defamatory to the reputation and character of the Complainant. The accused have therefore committed such defamation of the reputation and character of the Complainant. Original

news

Annexure T

report

- Translated news report Annexure T1

–

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Date of

Volume:10

Issue: 10

Publication: 16-May-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

497. The accused have stated: But Nithyananda calling everyone ma, ma, has tried to pull them to his bed. The reason why in the midst of narrating about a fake swami I am writing about real sadhus and sufis like Kabir is to show that just because one man has done a crime we should not lose confidence on the hoary spiritual lineage of India. Compare the aghori who eats a dead and decayed dog with the duplicate aghori who is demanding 'badam and pista' to the police. Only when you know the original you can understand the fake. 498. The Complainant respectfully submits that their imagination, as characterized earlier,

is plainly perverse

and their

characterisation of the Complainant in the aforesaid manner as a fake Swami is gravely defamatory to the reputation and character of the Complainant. 499. The accused have further stated: You cannot see anything but love with the aghoris. But with Nithyananda who says he is an aghori there is no love; only desire. That extreme desire. That too extreme desire is of three varieties namely, desire for land wealth, desire for women, desire for gold and other wealth. Along with that nowadays you have to add desire for fame. I who is just a man with ordinary desires have given up three of the four desires. But for Nithyananda who is wearing a saffron robe all these four desires are to an extreme level. All over the cities

190

the landed properties he has bought, Gold and diamond ornaments that can be taken in one lorry after another (now under whose control are these?) Hundreds of young women who were ready to carry out the work which was ordered with the leg, to be carried out with the head; to have his photograph with all the 32 teeth visible in all the directions wherever we turn; how does Nithyananda who was the sum total of all these four types of desires say he is an aghori and a tantric?" 500. The Complainant respectfully submits that there is no such agreement to the effect that devotees should have sex with the Complainant or that they should watch pornographic film with him. The Complainant truly disapproves of any form of contract that would bind a person to engage in sex with another in the name of religion. Further, an agreement that seeks to hide such conduct from the public is equally unacceptable to the Complainant. 501. The Complainant further submits that he does not transport his wealth in lorries and all such reports are wholly unfounded and baseless. It is gravely defamatory on their part to say that the Complainant transported volumes of wealth clandestinely from one place to another by ferrying such wealth in lorries. None of these allegations have any truth in them. As such, their aforesaid statements are wholly defamatory

to

the

reputation

and

character

of

the

Complainant. 502. The accused have further stated: When I was talking about the comments I had written about Bala's 'Naan Kadavul', Nithyananda said 'I am also

an

aghori'.

Because

he

thought

I

may

misunderstand him, he let out a sack of lies saying 'Nowadays aghoris don‟t eat dead bodies'. Immediately I said, 'I myself have seen aghoris eating dead bodies'. He

191

said 'they are all fakes', and changed the track of the conversation. Nithyananda, tell now, who is fake? Now when he is caught with the police, saamiyar is often using the word Tantric. If we understand what real Tantrism is, we will understand Nithyananda's fall more clearly. As ordinary human beings with our weaknesses we can play with any god. If you pray to Vinayaka for breaking a coconut and do not break it, he is not going to get angry with you for it. But we should not play with Shiva or Amman, we should not cheat them. Even the white people have been terrified of Amman. Shiva and Kali are Rudra Gods. If you cheat them you will get the deserved

punishment.

In

that,

Nithyananda

has

committed a big cheating. Forgery with Shiva himself! He has done things which he should not do, saying "I am Shiva, I am Amman". That is the reason he is undergoing such a big punishment. Aghoris and Tantriks are flesh eaters. In fact Aghoris are the only group among Sadhus who eat flesh. They also drink wine. (Where is wine for people who eat decayed dead bodies, feces and urine?) Moreover aghoris have to observe severe brahmacharya. In that there is one exception, they have to indulge in sex then, says Tantra. But that is not what Nithyananda says as sex with a contract. If I tell what that exception is, you will faint. Wait with a firm heart I will tell you. 503. The Complainant respectfully submits that he has never had any discussion with the accused on the subject of Aghoris. The accused have therefore conjured up an imaginary conversation with the Complainant. Further by repeatedly, but falsely, asserting that the Complainant has cheated one

192

and all, the accused have committed a thorough defamation of the reputation and character of the Complainant. Original

news

report

Annexure U Date of

- Translated news report

–

Annexure U1 Volume: 10

Issue: 11

Publication: 20-May-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

504. The accused have stated: Swami's men who begged to have this article stopped are trying to overpower now. They have now started to scold and threaten me in a vulgar manner through a specific telephone on the days kumudam reporter magazine is released. When I say that I will report to the Commissioner they say 'do it if you have the courage'. Even when swami is counting the bars in the jail if they are like this, just imagine what all will happen if he is let out. Always I have been a person who never feared death. I am a person who believes that our life span is predestined. So only I ignore the threats of such slaves. Still the reason for my mentioning it here is to point out to the world the foolishness of that saamiyar who thinks he can bring to a grinding halt the work of a writer. Moreover I think those slaves are thinking I am referring to the Chennai Police Commissioner. When I said 'Commissioner', I did not refer to that commissioner but am referring to that divine energy that has brought forth the whole world, the Cosmic Energy. It is not just for fun they say 'What is done in the forenoon will bring the

193

result in the afternoon'. Because it is the kali age now, whatever is done in the forenoon brings the result in the forenoon itself. Those dear ones who wish to abuse need not waste their energy

on

the

phone.

My

e-mail

id

is:

[email protected]<mailto:charu.nivedita.i [email protected]> 505. The Complainant respectfully submits that the aforesaid paragraph is another concoction of the accused. There is no truth of any kind in what the accused have stated in the aforesaid paragraphs. Accordingly, by fabricating versions concerning the will or intention concerning the Complainant, the accused have committed a grave defamation of the character and reputation of the Complainant. 506. The accused have further stated: One day in Nithya's NSP class he announced, "Think of all the mistakes you have done one by one". All our eyes were tied. Music, inducing tears was playing. Within a few minutes everyone started crying. Within minutes everyone started crying. As time passed by the crying reached a crescendo, myself and my friend were trying to control our bursting laughter. At that moment a person next to us started loudly wailing 'ayyo, ayyo, ' and started beating himself. My friend immediately said “the way he is crying it appears that he might have molested ten to fifteen children. He is crying so much”! Just think, how it would be if 3000 people cry in a hysterical manner like this. How is this fake swami able to make all these people cry like this? 507. The Complainant respectfully submits that catharsis during a meditation is an event that calls for a certain degree of sensitivity in a person to either participate in it or to appreciate it from outside.

194

508. As such, by the aforesaid comment, the accused have clearly defamed the character and reputation of the Complainant. Original

news

report

- Translated news report

Annexure V

–

Annexure V1

Date of

Volume: 10

Issue: 12

Publication: 23-May-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

509. .The accused have further stated: We can call ganja as a psychedelic drug. The drug called LSD belongs to this family. Consuming it will cause many extraordinary experiences. Many contemporary corporate swamis are giving spiritual experiences to the devotees by mixing the marijuana leaves to the food they consume. Nithyananda did this successfully. Those who

participate

in

his

meditation

camps

should

consume food prepared in the ashram only. They should not consume food prepared outside. I doubt that the many experiences of thousands of devotees is the result of this psychedelic items being mixed to the food. It is this psychedelic matter that is the reason for Ramya

hearing

Saamiyar‟s

voice.

Nithyananda‟s

meditation programs would last for 20 hrs per day. You can‟t go back to sleep in your room for the remaining 4 hrs also. You will be made to sit in darkness meditation with your eyes tied. A doubt may crop up in your mind: would it not be tiring and troublesome if one is put through such a rigorous routine round the clock? It is here that you should understand the greatness of meditation here. 20 minutes of meditation is equivalent

195

to 2 hours of deep sleep. It is sufficient to sleep four hours per day if you meditate twice a day. The darkness meditation of Nithyananda is the technique of resting the body by imagining that darkness is spreading across it. So, it is not strange that you would hear Saamiyar‟s voice in your ears if you are hearing his voice for 20 hours and consume food adulterated with psychedelic items like ganja. It is this psychedelic matter that is the investment for the spiritual business of many swamis apart from Nithyananda. 510. The Complainant respectfully submits that it is outrageous for the accused to state that intoxicants or other drugs are administered by the Complainant to visitors and devotees in his ashram. The Complainant insists on a strict code for all food consumed inside the ashram. No intoxicant, drug or any other chemical agent is administered to any food prepared or served at the ashrams established and administered by the Complainant. 511. Further, the Complainant submits that the experiences felt or narrated by the participants at the various spiritual programs are simply the result of their own state of awareness and is never induced by chemical or other artificial method. Meditation in a room full of darkness is a special variety of meditation that holds its own significance in the spiritual realm. The accused have improperly commented on these aspects. All of their insinuations contained in the aforesaid paragraphs are criminally and irreversibly defamatory to the reputation and character of the Complainant. Original

news

Annexure W Date of

report

- Translated news report Annexure W1

Volume:10

Issue:13

–

196

Publication: 27-May-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

512. The accused have stated: Nithyananda had psychedelic items added in the food that is served to people who show such devotion so that they get supernatural experiences. If among charities serving food is the greatest charity then among sins the biggest sin would be adulterating the food that is served to one. This also is one of the biggest sins committed by Nithy for his selfish motive and to make everyone believe that he is God. 513. The Complainant respectfully submits that as already stated earlier, all food prepared and served at the ashrams established and administered by the Complainant are satvic in character. Accordingly, by deliberately and knowingly lying about the nature of food that is administered at the ashrams and administered by the Complainant, the accused have committed a severe defamation of the reputation and character of the Complainant. 514. The accused have stated: There many yogis are seated. Having made the small boy Rajashekaran remove his school uniform, making him naked then that yogi offers him saffron robe that day itself and initiates him into sannyas. (Nithy said that when sannyas initiation is being given i.e. when first saffron robe is being worn there should be no other clothes on the body). The boy's grandmother wondering why he did not return from school comes to the temple where he was playing.

197

He is wearing a kavi cloth instead of school uniform. When asked „Where is your uniform?‟ he tells her what happened. Thinking that he is telling lies after losing his uniform the grandmother beats him. When she sees that he is repeating the same information even after being beaten by her she asks him to show where the cave is. When they go they don‟t find any cave or a big rock is blocking the cave. Immediately the grandmother falls at Rajashekaran‟s feet. "Son, whom, we have been yearning to have a darshan of for a life time, you have directly received the initiation from," said the grandmother with tears in her eyes. Only then this young boy understands the matter. When earlier he was playing during all those days, there was no rock. Now that place is covered with a rock such that no one can enter. Enlightened people say, 'a deathless great life'. It means those

enlightened

Beings

who

have

attained

Enlightenment even while in the body, not wishing to remain in the body for a long time enters into a state of jiva Samadhi (the state of living in death). Remaining in that state for hundreds of years they fulfill the genuine wants of people who pray to them. In Thiruvannamalai temple there is one such jiva Samadhi. Nithy said the name of the yogi is Arunachal Yogishwarar.

That

Yogi

only

has

given

sannyas

initiation to him! That is Nithy has had the fortune of being initiated by Lord Shiva himself who has come as that Yogi. My humble question is will that Yogi give initiation only to a person who has played about rolling with actresses and has been involved in all criminal works including foreign exchange racket?

198

Ok, initiation was given. After many years Rajashekaran has undertaken the

parivrajaka as a mendicant.

(parivrajaka - means begging and travelling throughout the country on foot). Now I doubt that this is also one of Nithy's lies. Leave it. Then when Rajashekaran was walking in the Himalayas he heard a voice saying 'Paramahamsa Nithyananda'. Since it was not his name Rajashekaran was walking along. But he had a thought as to where that voice was heard in that place where there were no human beings. Once again the voice saying 'Pramahamsa Nithyananda' was heard. Moreover that voice was coming towards him and so Rajashekaran waited and watched carefully. Then a Yogi around 25yrs old appeared before him and said "From today your name is not Rajashekaran, it is Paramahamsa Nithyananda" and disappeared. He is none

other

than Mahavatar

Babaji whom

I

had

mentioned in this serial as the Baba who gave initiation to Adi Shankara and Kabir. 515. The Complainant respectfully submits that several details contained in the above narration are factually incorrect and wrong. To the extent the accused have characterized the Complainant as a cheat and a criminal; the accused have committed grave defamation of the reputation and character of the Complainant. Original

news

Annexure X Date of

report

- Translated news report

–

Annexure X1 Volume: 10

Issue: 14

Publication: 30-May-2010 Author:

Position of Author in the Complaint:

199

Charu Nivedita

Accused No.10

516. The accused have stated: Few questions before we proceed further. There is a PRO (Public Relations Officer) by name Sevananda in the Bidadi ashram. A few years before he moved into the ashram, he suffered from abdomen cancer and was declared by the doctors that he cannot survive. He was a bank officer then. He had only a few days left. But Saamiyar cured him. Sevananda as per the prediction of doctors survived! The doctors would die living that woman. He is still alive. Ashramites used to cheat people with this wonder story. The specialty of this story is how the Saamiyar cured Sevananda. Nithyananda would always stay in America. He would stay in India only for few months. Till the Ranjitha matter came to light this was the routine. Accordingly Saamiyar was in America during that time. Being physically in America, he guides Sevananda who was staying in the Bidadi ashram to lie down on the bed. Nithyananda enters Sevananda‟s body in spirit form and restricts the cancerous tumor from growing any further. Let me write exactly what Sevananda narrated to me: “I felt as if electricity is passing through my body. For about half an hour I felt as if some other spirit had entered my body. It is a medical miracle that I am still alive”. Now

my

question

to

Sevananda,

Gnanananda,

Sadananda, Nithyananda and many other Anandas is: if Nithyananda is capable of entering into the others‟ body, why should he fear the police and hide in a Himachal Pradesh village which nobody knows? Why should he struggle for bail to come out of the jail? If he knows to conduct „operation cancer‟ in spirit form, on a person who is in death bed by entering his body, why

200

should he run to hospital for chest pain and other pains once he is caught by police? Why should he, who gives healing so many people, consume tablets while rolling over the bed with Ranjitha? Healing is effective only on others? Will it not work if he heals himself? 2. Did all the clever people who listening to his words have changed their name through gazette revert their original names again through gazette? (We have many such questions. We will continue to ask) 517. The

Complainant

ascertained

from

respectfully Sri

Nithya

submits

that

he

has

Sevananda

that

he

was

spontaneously cured from a certain form of abdomen cancer during the period Sri Nithya Sevananda held intense contact with the Complainant. Further, Complainant has always maintained that the video in circulation is morphed and fabricated. 518. As such, by needlessly casting aspersion on the character of the Complainant, the accused have most definitively defamed his reputation and character. 519. The accused have further stated: I have a friend in Bengaluru. He is Nithyananda‟s ex disciple who had moved away from him like me. He was curious and went to see what is happening in the ashram and how are Jnanananda, Sadananda and others. The details he told after coming worried me a lot. He narrates, “Many have handed over their family properties and jewels to Nithyananda. Few of them have asked Jnanananda & Sadananda to return the jewels, but they are threatening them in front of me.” However they are returning the jewels to a few of them. A lady who used to cook for the Saamiyar had

201

handed over 200 pavun of jewels to Saamiyar. They have returned the jewels now. But they have not returned it to everyone. They are threatening many people saying “Go and report to that magazine itself.” Many women come running back empty handed fearing for their life after pleading for their jewels. I was enquiring as to how are Gnana and Sada, the two pillars of the ashram doing? “Gnanananda had coloured and straightened his hair. He is like a college student. Wearing jeans is the only thing left out,” replied the friend. These colouring and straightening are hairstyles that our cine actors do. (do you remember Rajini in Sivaji?) These will cost in thousands. The Saamiyars of kaliyug are of this kind. Murali is one of my many auto driver friends who drive for me. Little bit of knowledge on literature is his specialty. So he would be talking something while driving the auto for me. When he was talking about this serial he said that Saamiyar will not be given any big punishment here. When I enquired why he said, “They won‟t give big punishment to Saamiyars here”. He went on to say, “Nithyananda did not commit any big crime like murder. That is why I say so”. See how far the Kaliyug is ripened. Think how far the fakes have penetrated in to Indian spirituality if it is considered a great relief that a saamiyar is not involved in murders. 520. The Complainant respectfully submits that some of his disciples insist that their valuables and belongings should be stored at the ashram locker in the event that they do not consider it safe to leave it at their prior place of residence or dwelling. The Complainant has not come across any incident where any person who left his valuables at the ashram locker

202

has had any occasion to complain about such safekeeping or loss of any article while in safekeeping. 521. As such, the Complainant submits that by falsely implicating the Complainant in events that never occurred, the accused have most definitively defamed the character and reputation of the Complainant. 522. The accused have further stated: What is the connection between Baba and Yogananda? Yukteshwar Maharaj is Yogananda‟s Master (1855 1936). His master is Lahiri Mahasaya (1828 - 1895). Lahiri Mahasaya was initiated by Mahavatar Baba. All information that is shown in Rajini‟s Baba movie about this Baba is true. Mahavtar Baba is living in the Himalayas for more than 5000 years in perpetual youth; Paramahamsa Yogananda had met him in person. He made a mention of this also in his autobiography. Paramahamsa

Nithyananda

started

his

spiritual

business, taking Paramahamsa Yogananda as a model. Nithyananda had stolen everything including the name from Yogananda. As a part of this stealing act, he lied that Maha Avatar Baba named him as Paramahamsa Nithyananda. 523. The Complainant respectfully submits that no part of his spiritual tradition or practice is a mere imitation of another master‟s tradition and practice. By needlessly insinuating that the Complainant lacks original thinking, the accused have most clearly committed defamation of the reputation and character of the Complainant. Original

news

Annexure Y Date of

report

- Translated news report Annexure Y1

Volume: 10

Issue: 15

–

203

Publication: 03-June-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

524. The accused have stated: Nevertheless, of all the crimes that Nithyananda had committed, the most unpardonable one was that he used the name of Maha Avatar Baba. We shall see how that is. Guru Yukteshwar Giri was the guru of Paramahamsa

Yogananda,

who

wrote

the

book

“Autobiography of a Yogi”. Yogananda‟s guru was Lahiri Mahasaya. This Seer‟s guru was Maha Avatar Babaji. Mahasaya was born in the year 1828 in the village Gurni, in Nadia district, near Krishna Nagar in Bengal. The Babaji initiated him in the year 1861, when he (the latter) was 33 years. 525. The Complainant respectfully submits that the sacred events surrounding his initiation are matters purely pertaining to the spiritual realm and no part of any of his narration in that regard was ever intended or calculated to derive any benefit or advantage of any kind or form. 526. As such, their accusation that some part of his narration was not true is therefore calculated to harm and has indeed hurt the reputation and character of the Complainant. Original

news

Annexure Z Date of

report

- Translated news report

–

Annexure Z1 Volume: 10

Issue: 16

Publication: 06-June-2010 Author:

Position of Author in the

204

Complaint: Charu Nivedita

Accused No.10

527. The accused have stated: I have mentioned before that Nithy has copied the name and

other

spiritual

things

from

Paramahamsa

Yogananda, who has come in the lineage of Maha Avatar Babaji. I mentioned that he used to sign in Sanskrit as OM to his devotees and used to tell that he does not have any name. Like that I have a doubt if his birthday really is on Jan 1. Has Nithy created his own birth date as Jan 1st just to create excitement inside his devotees? 528. The Complainant respectfully submits that as stated earlier, the Complainant does not believe in imitation and does not engage in any form of imitation. The 1st of January is celebrated as the birthday of the Complainant. 529. The Complainant further submits that it is plainly improper to say that any person would fabricate his date of birth for the sole purpose of exciting his audience. As such, by imputing improper motives to the Complainant, the accused have clearly committed a defamation of the reputation and character of the Complainant. 530. The accused have stated: Now let me come to Nithy‟s matter. Middle class people cannot go to the pub right? So in the name of spirituality, Nithy invites them, and gives them a new kind of pub experience. This „pub‟ is without non-veg and liquor. In Chennai there is no permission to dance or drink after 11 pm. However influential you are, they will refuse. This is the law enforced by police. But, for spiritual people, police, law or rules are not able to say anything. Even if you are the president of a democratic

205

country, one has to follow the rule and this is law. But, for spiritual person, none of these laws are valid. How that is possible? If judges, police officials and chief ministers are falling at the feet of these spiritual persons, who can go and enforce the law there? Who will get that guts? You may ask now, Nithy is counting the bars in prison? This happened after he got caught properly. Till they are caught that way, no law can do anything to them. Do you remember, last year, worldwide, people got affected by chicken gunia fever and went about here and there covering their face with a cloth? Also there was a law stating that people should not meet in groups of 4 or 5 in public places. At such a time in Nithy‟s meditation program in Chennai 5000 people gathered. I asked actress Raga Sudha about this with shock. She replied, „Can chicken gunia come where GOD is?‟ If that was the case Raga Sudha, why did GOD when he was with Ranjitha in the bed take medicine? What was that medicine? If „GOD‟ can stop chicken gunia, why was he hiding in Himachal Pradesh fearing the police? Right, if there was a law that even 5 people cannot get together in one place, how come police allowed 5000 people to gather? This allowance is not only for Nithyananda but the government relaxes the law for spiritual activities of any religion. 531. The Complainant respectfully submits that as already stated in the previous paragraphs, much of the aforesaid paragraph is a direct result of their enormous hostility. The Complainant has never received any form of favour from any government at point of time in his life. Similarly, the Complainant has never evaded any process of law. The gathering organized in Chennai wherein a few thousand people assembled was not

206

prohibited by any known law then in force in the city of Chennai. There were no prohibitory orders at the relevant point of time and it is improper to imagine that a mere prevalence of chicken gunia in any city or town would have been sufficient for the police therein to issue a prohibitory order discouraging an assembly of more than 5 individuals at any given place in that town or city. As such, their baseless imputations concerning the motive of the Complainant is a clear defamation of the reputation and character of the Complainant. 532. The accused have further stated: A pub will close at 11 pm. But Nithya‟s pub will happen even morning at 4 am. In that also, beyond 10pm, there will be only profusion of dance and music. We say kuthupaadal – Those songs‟ words, they will change to become spiritual words and dance to them. There was a big music crew for Nithy just for this. They had all the sophisticated and expensive instruments similar to level of what A.R Rahman has. These songs are mostly sung by popular cinema singers. Raga Sudha‟s job is to modify the words which has sexual or double meaning with spiritual words. I will give you one example. You must have heard the song, “Daddy Mummy are not in the house, there is no one to put a stop.” 533. The Complainant respectfully submits that the aforesaid paragraph is nothing but sheer imagination of the accused. The Complainant wishes to further state that at no point of time were film songs with such sinister meaning were ever played

publicly

inside

the

ashrams

established

and

administered by him. 534. As such, by engaging in a severe form of false accusation, the accused have most clearly defamed the reputation and character of the Complainant.

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535. The accused have further stated: Nithy would dance such a dance! But we should not blame… there will be two separate groups - gents and ladies. Gents dance in their group separately and ladies dances in their group in separation. Nithy is very careful about all that. But in the center, Nithy will dance alone with women. When I saw, he was dancing kuthaaattu with Ranjitha. This dance will start after 10 pm and continue until 4a.m. in the morning. After one dance there will be a meditation

session

and

then

dance

and

again

meditation, it will continue in this pattern. When one day all the devotees were dancing, me and my friend Kannan alone were not dancing and standing aside and watching the dancing. One of the important disciples of Nithy came to me and asked, “Are you not dancing?” I replied, „We have danced all sorts of dances and after that only we came here and you are asking me to dance here also, how can we dance here?‟ (Actually what I meant to him is about my dancing in pubs for all these years. He could not understand that). Even though Nithy‟s spiritual pub has separate groups for women and men, only in my group there were some women in a very covetous dress. I will tell about those women‟s dirty dance in next episode. 536. The Complainant respectfully submits that no form of dance that is objectionable or involves indecent movement is ever allowed in any of the ashrams established and administered by the Complainant. 537. It is further a blatant lie on their part to state that the Complainant engaged in a certain form of dance with actress Ranjitha. No such dance event ever occurred and the accused certainly never saw anything of such kind.

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538. The Complainant further submits that all persons who enter and remain at the ashrams established by the Complainant are required to strictly adhere to a dress code and no person violating such a dress code is allowed to remain in the premises. 539. As such, their allegation that certain women were not adequately dressed is wholly without any basis in fact or in reality. As such, by repeatedly lying about the conduct of the Complainant so as to cast him in a derogatory mode, the accused

have

committed

a

severe

defamation

of

the

reputation and character of the Complainant. Original

news

report

Annexure AB Date of

- Translated news report

–

Annexure AB1 Volume: 10

Issue: 17

Publication: 10-June-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No. 10

540. The accused have stated: Me and my friend Kannan were sitting in the VIP group. There only cinema actors and other prominent people would be sitting. Are you asking me how am I sitting in that group? I am friend of actress Raga Sudha. There only foreigners and other state peoples were sitting. There alone they were sitting with no distinction of man and woman in a mixed way. After 10 pm when the song “Daddy mummy” kutthaattam started to play, women from foreign and other states started to dance with very less dress and I could not feel any feeling spiritual in me, how can I feel? Those young women danced with such a fertile body wearing scarf like white transparent

209

banian stuck to their body because of the sweat… that‟s why I mentioned it‟s a bad dance. If NSP program nights are like this, in the day there will be

koothu

– erratic happenings.

Here, important

information has to be told. I have participated in many spiritual people‟s meditation programs. All of them have the same kind of technique. There won‟t even be a small change in it. What can be inferred from this is, when Nithy was Rajashekaran, he has attended the meditation programs of many spiritualists and has taken their techniques and used for his programs. 541. The Complainant respectfully submits that what has been stated in the aforesaid paragraphs is a product of their fertile imagination. No such dance or indecent exposure is permitted in any of the ashrams established and administered by the Complainant. 542. Again, the Complainant submits that he does not imitate any other spiritual master and none of his programs are modeled after the programs of another religious master. 543. The accused have further stated: Reason

for

Nithyananda

like

corporate

saamiyars

becoming popular in India is, he stimulates the account of sinful activities of the two main groups of people such as middle class people and higher class people and renewing their sins account and instigating them to do it again with renewed vigour. 544. The Complainant respectfully submits that the accused do not possess any basis to criticize the therapeutic value of confessions and the further emotional cleansing practices employed by spiritual masters. The Complainant does not approve the repetition by any person of a transgression once

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committed and the fact that people are asked to write down about their past transgressions and to burn those papers is a certain therapeutic method that is regularly employed at many of the Complainant‟s programs for the purpose of psychological benefits of the participants therein. 545. As such, their criticism of the Complainant‟s practice in the manner that the accused have done is gravely defamatory to the character and reputation of the Complainant. Original

news

report

- Translated news report

Annexure AC

–

Annexure AC1

Date of

Volume: 10

Issue: 18

Publication: 13-June-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

546. The accused have stated that: In a yogic life the biggest problem is entering it and then leaving it for another path half way. This brings great downfall for the individual. This is what happened in Nithyan‟s life. Due to all the early spiritual training in his life each chakra from the bottom was opening up. He had gone from

the

muladhara

to

swadhisthana

to

the

manipuraka. Before he could reach the anahata the seat of compassion, he indulged in cheap things like lust, vengeful anger, fame, wealth. There are people who have opened all seven chakras. If they open their eyes and see us we will swoon. Nithy knew this. He only knew it, he had not used it. In the NSP program he let out all these blabbering.

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That is a blindfolded act. In one of those blindfolded meditations our eyes were blindfolded. The meditation would go for 1 ½ hours. Till then no one should open their eyes. Gnanananda said what will happen if we opened our eyes in the middle of the meditation. A lady opened her eyes in the middle of the meditation out of curiosity. She fainted on seeing the light rays from swami‟s eyes. Since I did not have such spiritual experiences thinking that I will faint on seeing swami‟s light rays I slowly slyly loosened the eye band. What I saw there….. 547. The Complainant respectfully submits that the accused have misconceived and misapprehended the true scope of certain practices that are administered during some programs at the ashrams established and administered by the Complainant. The

participants

at

the

Complainant‟s

programs

are

encouraged to doubt and to develop critical thinking. As such, the prospect of conveying superstitious beliefs is practically non-existent

in

programs

that

are

conducted

by

the

Complainant himself. Further, the Complainant submits that spiritual practice is never meaningful unless there exists a certain degree of trust and faith in the person who advocates relief in return for faithful application of his methods. 548. At any rate, by imputing to the Complainant, sinful intention and

character,

the

accused

have

gravely

injured

his

reputation and are therefore responsible for the defamation of his reputation and character. Original

news

Annexure AD Date of Publication: 17-June-2010

report

- Translated news report Annexure AD1

Volume: 10

Issue: 19

–

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Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

549. The accused have stated: When I opened my eyes and saw, I found that Nithyananda was not there. Since the meditation would take another hour and a half to get over, he probably went off to Ranjitha. Another reason why thousands of people come and attend this NSP meditation program is because this program happens like an entertainment program. In Tamil Nadu, it is my view that cinema has been largely responsible for the destruction of our Tamilnadu culture. The symbol of Tamil cinema community is open sex, violence, the scenes that bring down the human consciousness. You could mention Balu Mahendra, Mahendran, Barathiraja as the people who tried to oppose this trend and bring Tamil cinema to a good path. Shashi Kumar, Balaji Shakthivel, Miskin, Simbhu Devan are responsible for continuing this. But a majority of the movies are taken in such a way that it only kindles the gross, lowly instincts in men. 550. The Complainant respectfully submits that the accused have again lied for the benefit of appealing to the gross imagination of some of their readers. As such, the accused have committed a grave defamation of the reputation and character of the Complainant. 551. The accused have further stated: A farmer, does he have a gun for his security? But a Saamiyar is keeping a machine gun and a security squad for his security. In this, who is the one who knows how to live? In this age there one can‟t see the

213

difference

between

a

politician

and

a

corporate

Saamiyar. Only one difference…. The former dresses in white clothes and the later in saffron uniform clothes. But this Saamiyar who teaches the art of living is a little better. I do not know how these „so-called‟ Saamiyars for what they do are not being arrested by the police. Only one reason…A secret camera has not been installed in their bedrooms. In the days to come I believe the past time entertainment that Nithy gave the people these Saamiyars will also soon give. 552. The Complainant respectfully submits that there never was any person to guard him with the means of a gun, pistol or any other weapon. The Complainant further submits that he has always propagated the idea of peace and does not believe in defending himself by use of force. 553. As such, by deliberately and knowingly lying about the security for the Complainant and by further casting an insinuation thereby, the accused have committed a grave defamation

of

the

reputation

and

character

of

the

Complainant. Original

news

report

Annexure AE Date of

- Translated news report

–

Annexure AE1 Volume: 10

Issue: 20

Publication: 20-June-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

554. The accused have stated: There are many evidences to show that Nithyananda is also a sadist. He has put some Brahmacharinis in

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seclusion for many days. He has made them to be in silent for many months. I have written before that Actress Raga Sudha, instead of maintaining silence required for a Brahmacharini, used to keep on talking. The P.R.O of Nithy‟s ashram, Mr.Sevananda has once told me about her non-stop talking with irritation. Seva also said that once she had been talking to her friends and even missed her flight. Nithy has given this sadist punishment to Raga Sudha many times. Raga Sudha told me this herself. But she will not tell that it was a punishment, but she would tell that she has been put in tapas. Raga Sudha doesn‟t know one thing. Tapas is not supposed to be a punishment that others force on you. In which case, then, can we call all the prisoners who are put in individual cell as Yogis who are in Tapas? Likewise, if one goes to Himalayas, he may have a spiritual

experience.

But

just

because

he

is

in

Himalayas, he cannot be a Yogi. For example, there are many tribal people in Himalayas, are they all yogis? There are many torture techniques like being in seclusion, silence vow etc in the ashram. To get the truth from terrorists, police follow many torturous techniques like not allowing them to sleep for many days. If they fall asleep, using a tube, they would force water on their face with high speed (there is no other torture like forcing water on your face continuously). Nithy used to give such punishments to those slaves (How else do you call his Brahmacharis?) who do not listen to him. For many days, they should not sleep. There are people just to check whether they are sleeping or not. OK, if one disciple has fallen asleep even after all this, then what to do? Nothing else, in a government office, if

215

one does not listen to his senior official, what action would be taken, that‟s the thing Nithy also does. He would transfer them to a deserted land. If you are in Bidadi ashram, it is luck. Because, from that ashram only, disciples are sent to countries like America, Europe and Australia. It is like a highly scoring IAS student being sent to work in foreign countries. Even in that, there are many branches. Only those officials that co-operative will be sent to Europe & America. Unlike them, if they are creating trouble, they would be sent to Pakistan, Bangladesh and Burma. Likewise, if you are sent from Bidadi to Salem, then it is a punishment. Likewise, Actress Raga Sudha has been sent to Salem many times. In short, being sent to Salem is similar to, how criminals were sent to Andaman prison during Britisher‟s time. 555. The Complainant respectfully submits that everything that the accused have stated in the aforesaid paragraphs is another product of their hostile imagination. No person at the ashrams established and administered by the Complainant is subjected to any form of isolation or deportation as a punishment for any of his transgressions. 556. As such, by knowingly and deliberately stating a lie as to the conduct of the Complainant, the accused have irreparably damaged the character and reputation of the Complainant. Original

news

Annexure AF Date of

report

- Translated news report

–

Annexure AF1 Volume: 10

Issue: 21

Publication: 24-June-2010 Author:

Position of Author in the Complaint:

216

Charu Nivedita

Accused No.10

557. The accused have stated: Now a few questions I want to ask Nithy who has come out of jail on bail. You said you are Krishna‟s avataara. You and millions of devotees sat in front of your huge photograph and did puja for hours together. Are you going to restart all that again? When you had taken Krishna avataara they were your gopikas. You said that you were going to disclose who was who. In your millions of devotees Sadananda, your first disciple, was one of the gopikas you said. Who were the other gopikas? After blabbering or lying that you are Krishna avataara, now in front of the judge your lawyer argued that you are not a sannyasi. Are you a sannyasi or grihasta? Does your Krishna hood happen only with the actress who was lustful towards you? 558. The Complainant respectfully submits that the imputation that the accused have cast to the sacred relationship between Krishna and his gopikas is blasphemous and is hurtful to the millions of Hindus who treat that relationship with reverence. The Complainant further wishes to state that the arguments made by his lawyers before the Hon‟ble High Court of Karnataka at the time of hearing in the bail application filed by him are clearly contained in the judgment dated 11 June 2010 passed in Criminal Petition No. 2328 of 2010. Nowhere would the accused find in the said judgment, any reference to the alleged statement by the lawyers for the Complainant that „the Complainant is not a „sannyasi‟. 559. The Complainant has most reliably ascertained that the lawyers who were arguing for him did not make such a claim

217

in the court of law or that even if they did indicate to such effect, it was made in a different context and with a different significance. 560. The accused clearly knew that no part of relief of bail granted by the Hon‟ble High Court of Karnataka in the said matter has been given in response to the alleged argument the accused

have

spoken

about.

The

Complainant

further

submits that he has never had any sexual relationship with any of his devotees at any point in time. As such, by maliciously casting a negative character on the Complainant, the accused have clearly committed a serious defamation of his reputation and character. Original

news

report

Annexure AG Date of

- Translated news report

–

Annexure AG1 Volume: 10

Issue: 22

Publication: 27-Jun-2010 Author:

Position of Author in the Complaint:

Charu Nivedita

Accused No.10

561. The accused have stated: What is the current state of mind of your bedroom friend Ranjitha? If she comes to the ashram it will be trouble, so have you plans to meet her elsewhere? Since your passport has been confiscated you cannot meet in America like before. If you come to Tamil Nadu, Tamilians are ready to beat you up. So you cannot come here either. Where else will your meeting be fulfilled? 562. The Complainant respectfully submits that actress Ranjitha is a respected woman in society and is also a respected member at

the

Nithyananda

Dhyanapeetam

established

and

administered by the Complainant. The Complainant has

218

nothing

to

hide

communication

with with

the

world

actress

in

relation

Ranjitha.

All

to of

his the

Complainant‟s communications with actress Ranjitha are simply indistinguishable from any communication he would hold with any other member of the public or with his devotees. The Complainant respectfully submits that there was no meeting of any kind between him and actress Ranjitha in the days, weeks and months following the scandal devised by certain persons. The Complainant was not hesitant to speak and address his devotees and the general public in the days

following

the

scandal.

The

only

reason

for

the

Complainant to stay for a longer period at North India was grounded in security concerns. The Complainant has never established any secretive relation with any person or with any devotee at any point in time. As such, the product of their hostile imagination as evidenced in the aforesaid paragraph is plainly defamatory to the Complainant and has indeed injured his reputation and character immeasurably. 563. The accused have further stated: I read in a magazine that a Central Minister from Tamil Nadu has given you 1000 Crore rupees for safe keeping. I also received other trustworthy messages that support this. If politicians and Godmen get together to loot people, where will the people go? 564. The Complainant respectfully submits that he has never received money or property of any person or politician for purpose of evading the detection of law enforcement. As such, their false statement that the Complainant did safe keep Rs. 1000 Crores of a politician is the grossest form of defamation that the accused could inflict on the Complainant. The Complainant further submits that all properties and assets retained by all ashrams established and administered by the Complainant are fully accounted for and the Complainant

219

does not hold any form or kind of wealth that has not been accounted for. 565. As such, their insinuation is most criminally defamatory and has irreversibly damaged the reputation and character of the Complainant. 566. The accused have further stated: The Crores of disciples who left their good jobs and families because of you, and now have also left the ashram and have no place to go. What is your answer to them? 567. The Complainant respectfully submits that he has never abandoned his disciples at any point of time. The only matter of concern to the Complainant on the days following the scandal was the welfare and protection of his devout disciples. 568. Devotion to a spiritual master is a matter that calls for intense faith to withstand trick and fraud perpetrated by hostile interests. Countless devotees of the Complainant who stood by him despite the scandal chose to do so by primarily relying on their own assessment of his character and reputation. 569. By casting the Complainant in a disastrous light as done in the aforesaid paragraph, the accused have most clearly defamed the reputation and character of the Complainant. 570. The accused have further stated: If sex-godmen curse, will that come true? (Since I severely criticize you in my writings, a friend of mine who cares deeply for me told me to ask this question) 571. The Complainant respectfully submits that he does not curse any person, howsoever evil that person might be. However all the perversion generated by the accused and their publication

220

against the Complainant is only bound be validated should the Complainant not pursue appropriate legal remedies to rein in their person and their publication for their collective, callous, deliberate and criminal acts to defame his reputation and character. 572. The accused have further stated: 5.

“Search within” “search within” is what you kept saying – during that searching within, didn‟t you feel your fraudness?

6.

After the yaaga, what is the next step in your image build up?

7.

In the future when you go to the police station to sign, will the white royal umbrella procession come along?

8.

Ranjitha is not there, if you feel pain now, who will give you a massage?

9.

In every speech you were preaching Brahmacharyam – will you still continue to preach it?

10. Do you really believe in God, or no? If it had been, how do you have the heart to wear the saffron cloth and roll around with an actress with your underwear showing, and to play around. Don‟t you know that the saffron cloth is a sacred symbol in the Hindu dharma? 11. You have separated so many women from their husbands. You have separated young girls from their parents. There is no room in the law to punish you for all this. If this had been in countries like Malaysia, they would have stripped you naked, made you lie down on your stomach and they would have whipped you with a cane on your back and buttocks. If it had been

221

Saudi Arabia, you would have lost a hand or a leg. There those who were affected by you would mete out the punishment. Fine – let it go. You live in a country which offers you the safety of escaping even if you murder someone, when you have Crores of money. That is why very rich Indians are unable to live even for a few days in Europe or America. There if you commit a crime, whoever

you

are,

you

cannot

escape

from

punishment. Even if they are very popular people. But just like you have said yourself many times, there is something called the next janma – in that all the sins that you committed in this one will climb like a big sac on your back. Don‟t you worry about that? 572. The Complainant respectfully submits that their hostility is, as already stated before, plainly evident in the aforesaid paragraph. By casting the Complainant in a false, fraudulent and criminal light, the accused have committed grave defamation

of

the

reputation

and

character

of

the

Complainant. 573. The accused have further stated: 12. The public feel that since you have been involved in various criminal works, you should not have been let out on bail. Yet you came out on bail. Were you quiet after you came out? You lit a fire all around you and you are sitting and doing the pancha tapas yaagam. But even there your criminal job has started. You have hidden 180 litres of the ration kerosene used by poor people. The punishment for this is 7 years. The truth is that even for a single day in your life you haven‟t respected the law. Now in this state where the media light is falling on your activities, you don‟t

222

know to suddenly respect the law. You got caught with the kerosene. Just like this, earlier, you performed many criminal acts like foreign exchange fraud, sandalwood logs, tiger skin hiding, very casually.

In

continuation

of

this,

the

current

kerosene hiding has come out. By saying, “The devotees brought the kerosene by accident” you are putting the blame on the devotees. If that is so, then the sandalwood hoarding, and Crores of dollars of foreign exchange fraud – were they also done by devotees? 574. The Complainant respectfully submits that the Hon‟ble High Court of Karnataka had examined all material, accusations and allegations against the Complainant before coming to a conclusion that no criminal offence was established against him, at that point of time. The conclusion of the Hon‟ble High Court of Karnataka is such as to throw out the repeated claim of their publication and of their peers that the Complainant had broken several laws of this country to the point that bail was bound to be rejected to him. 575. So far as the use of a rationed fuel in the performance of the yagna is concerned, there has been severe misrepresentation in the media in this regard and the Complainant respectfully submits that he is free and clear of all wrong doing and that the action of a certain devotee in utilizing rationed fuel for the performance of the yagna was made in ignorance of the applicable law and without any intention whatsoever to evade the applicable ration law. 576. Further, concerning their accusation in relation to foreign exchange fraud, it is respectfully submitted that sandalwood laws, tiger skin hiding and the rest are products of their hostile

imagination and have

no basis in reality. By

deliberately and knowingly making wild but false allegations

223

against the Complainant, the accused have most irreversibly damaged his reputation and character. 577. The accused have further stated: 13.

In the press release regarding the kerosene fraud,

you have mentioned that for year after year your ashram has provided food for lakhs of devotees and visitors. Isn‟t this a blatant lie? To touch your feet, 25,000 rupees, to come to devotees‟ house, 1 lakh rupees – a pickpocket Saamiyar like you who has performed such daylight robberies, when have you fed who? You will provide food, but for who? You offer food to those people who were cheated in to paying 50,000 rupees for a 9-day meditation class. Is this spiritual activity? You will do foreign exchange fraud; you will smuggle sandalwood logs – if anybody asks you about these criminal activities, is it an abuse against spiritual activities? Just like this, when the picture of you rolling with Ranjitha on the bed was shown on TV, you said it was morphing. After it was proved by forensic investigators, you blurted that what is on the CD was half true, half lies. Then after the forensic investigators said everything on the CD is true, you lied

without

your

tongue

feeling

delicate,

that

“Ranjitha and I were involved in spiritual research”. If so, then the Devanathan who was having sex with many women in the Kancheepuram temple sanctum sanctorum – was he also involved in spiritual research? 578. The Complainant respectfully submits that their unremitting hostility is most glaringly evident in the aforesaid paragraphs. As already stated earlier, everything that has been alleged against the Complainant in the aforesaid paragraphs is false,

224

concocted, criminally fabricated, perverse and deliberately told. The Complainant did not explain any part of the fabricated video as a research of any kind. Further, the Complainant finds it inappropriate to comment on the failure or infraction of other religious practitioners or priests. Further, the Complainant takes severe objection to media comparison of the scandal devised in the Complainant‟s name to

scandals

repeatedly

involving

repeating

other

their

religious

unremitting

practitioners. hostility

in

By the

aforesaid paragraphs, the accused have most definitely committed an irreparable defamation of the reputation and character of the Complainant. 579. The accused have further stated: 14.

Now do you eat Viagra tablets?

580. The Complainant respectfully submits that as already stated earlier, the Complainant has never consumed Viagra or any other

medication

involving

sexual

stimulant

such

as

Sildenafil Nitrate. Further, the Complainant wishes to also state that drugs and sexual stimulants such as Viagra or Sildenafil citrate have no place in the Complainant‟s life and mission. By falsely connoting a sinister character to the Complainant, the accused have most clearly damaged the reputation and character of the Complainant. 581. The accused have further stated: 15. I am saying that all that you wrote, spoke and all the meditation techniques you introduced were stolen from Osho. I can prove this with evidence. But when many witnesses pointed this out and asked about it, you acted as if you don‟t even know who Osho is. You acted. But there is evidence to show that you participated in Osho‟s meditation classes many times. One of the monks who stayed with you in your room has said “Rajashekaran was talking all the

225

time.” Saying, you are God‟s incarnation, because all these old stories will not support your mesmerizing people with your oratorical skills, you have hidden them. 582. The Complainant respectfully submits that he has never imitated any spiritual master and is of the view that, the sayings of spiritual masters cannot serve as a reference point for comparison. The Complainant has never stated that he did not know who „OSHO‟ or Bhagwan Rajneesh was. The Complainant further wishes to state that he had never participated in any of OSHO‟s classes, as dogmatically claimed by the accused. The Complainant has enormous and boundless respect and regard for the sayings of OSHO and sees no striking similarity between his own sayings and that of OSHO. As such, by casting the Complainant in such undesirable light, the accused have inexcusably defamed the reputation and character of the Complainant. 583. The accused have further stated: 16. You also were trained in Ramakrishna Mutt – why are you hiding all this all the time? 584. The Complainant respectfully submits that he did receive limited spiritual training at a centre that adopts the spiritual plans and path of Paramahamsa Ramakrishna. As such, their blatant and deliberate lie that the Complainant hid such fact from the public is a grave commission of the defamation of reputation and character of the Complainant. 585. The accused have further stated: 17. Mr. Rajashekaran – now I will introduce to you a great man named Mandela. South Africa‟s revolutionary fighter Mandela was put in prison in 1964. For the first 18 years he was imprisoned in the Robben islands. He did hard labor in limestone quarries.

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Because of his skin color, he was imprisoned. Black skinned prisoners got very little ration. Mandela was a D-group prisoner (the lowest in all comforts). He was allowed one visitor and one letter, once in six months. Unlike you, he didn‟t ask “give me badam, give me pista”. His letters were badly censored that were given to him in an unreadable state. March 1982, Mandela was transferred to Balsmore prison. Along with him four other revolutionary leaders were also transferred. Here the government started dialogue with Mandela. “If you give up violence you will get freedom” is the concession they gave him. Since Mandela

strongly

refused

it,

his

imprisonment

continued. He was freed in 1990. In South Africa at that time black people were treated like slaves, and were treated worse than animals. The people who opposed were killed without any question by people of the white race. A white man can kill a black man with a gun. There is no punishment for that. But if a black man goes to a place where a white man goes even by mistake, he will be shot dead. Since he revolted against this racial hatred Mandela was imprisoned for 27 years. But the white government placed a condition on him – if you drop the weapon, you can get freedom this minute. He categorically refused and stayed in prison for 27 years. But in the guise of Saamiyar, you Rajashekaran, have been involved in many criminal activities and while you were in prison you said cheap lies like “I am not a Saamiyar – release me”, “I am not a man, how can I have physical relationship with a woman?” Somehow you wanted to come out of prison and for that you could say anything, or descend

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to any level – and you descended very low. What is bigger? Your fake spirituality? Or Mandela‟s devotion for his country and honesty and determination? 586. The Complainant respectfully submits that their recounting of struggle of the great revolutionary, Nelson Mandela is without any context. So far as their statement that the Complainant sought release from judicial custody on the ground that he is not a sannyasi is concerned, as stated earlier, the Bail Order issued by the Hon‟ble High Court of Karnataka is wholly without any reference to whether the Complainant is a sannyasi or not. As such, their inept comment on the Complainant in such manner has contributed to severe defamation

of

the

reputation

and

character

of

the

Complainant. 587. The accused have further stated: 18. Are you planning to further extend the sex contract that you had with all the Sannyasinis? 19.BOX MESSAGE: At the rate at which you are going into the fire-circle yaga, will you also include women disciples? 20. Do you intend to come towards Tamilnadu? 21. The mangalsutra chains, golden bangles, silver vessels, property documents which you cheated out of your women devotees, where have you safely hidden them? 22. Just like we saw your bedroom scenes with Ranjitha, will we also get to see your romps with your gay partners? 23. Now who is the actress who services your legs and other parts of your body? 24. Till now you hugged and blessed all women. Will the hugging treatment continue?

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25. You will see all the Tamil films. So I am asking you this – have you seen the movie “Silent Army”? In that movie the villain Satyaraj does all criminal activities exactly like you. In the end he wears saffron cloth and sits in the middle of a fire and does yaga. How did Satyaraj know about you way back then? Rajashekaran aka Nithyananda will not answer all these questions.

Criminals

have

the

habit

of

ignoring

questions. People‟s forgetfulness is their investment. There is a way to not be cheated by fake Saamiyar like this. In this series I had mentioned a Thayumanavar‟s song once. Elephants can be tamed. We can tie a tiger‟s mouth. We can ride on a lion‟s back – do you know what is the ending of that song? It is rare to see the skill to tame a lion and make it silent. I mean, we can walk on water, sleep on fire. We can do anything like this. But to control the mind and make it quiet is the most difficult thing, says Thayumanavar. This is what Rajashekaran the 33 year old youngster has failed to do. But Patanjali, our first and original guru has taught us a way to control our mind. If you close your eyes for 20 minutes and get immersed in meditation you can do it. This is the first effort to controlling thoughts. Then we will not need fake Saamiyars like Rajashekaran. 588. The Complainant respectfully submits that the accused have most severely defamed the reputation and character of the Complainant by casting the Complainant in an utterly unwholesome light in the manner the accused have done in the aforesaid paragraph. Original

news

report

- Translated news report

–

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Annexure AH

Annexure AH1

Date of

Volume: 10

Issue: 28

Publication: 18-Jul-2010 Author:

Position of Author in the Complaint:

Mathew Raj

Accused No. 18

589. The accused have stated: Don't know what the bond is between Nithyananda and actresses. The bond is chasing after him without stop. The released vulgar pictures with Ranjitha created a huge

controversy

and

chased

him

into

prison.

Nithyananda has come out on conditional bail. The highlight of the discourse he conducted after a long gap raised the eyebrows of people as Tamil actress Malavika participated in it. Nithyananda

was

released

last

June.

Certain

restrictions were imposed for that. In those conditions was one that he cannot leave town without informing Ramnagar police station, cannot deliver discourse, cannot preach religion, cannot visit a foreign country. Because of this, Nithyananda who laid low for the last few weeks, requested permission from the Karnataka High court to deliver discourses. At this stage, last Friday the Karnataka High court investigated the appeal and gave permission that Nithyananda can deliver a discourse to devotees once a month. Subsequent to that, he informed disciples that he will deliver a public discourse at Bidadi ashram, Bengaluru, Karnataka state. 590. The Complainant respectfully submits that the accused have inaccurately reported on the conditions of bail originally imposed on the Complainant. Further, the Complainant did

230

not lose any time in recognising that the Hon‟ble High Court of Karnataka did not possess the authority to impose a bar on preaching by the Complainant due to the constitutional right of every citizen to freely embrace any religion or belief of his choice and to propagate such religion and belief. As such, an application was thereafter preferred to the Hon‟ble High Court with a prayer to remove the earlier bar imposed on preaching by the Complainant in view of the constitutional limitations that were breached by such judicial bar. The Hon‟ble High Court

of

Karnataka

promptly

removed

the

bar

by

acknowledging that the said bar operated as a limitation on the freedom of speech guaranteed to every citizen under Article 19 (1) (g) of the Constitution of India. As such, the false

information

presented by the

accused casts the

Complainant in a very negative light and is therefore, a grave commission of the defamation of the reputation and character of the Complainant. 591. The accused have further stated: In that pretext, in his ashram he appeared to his devotees. He appeared with the old aura and new, unaltered smile as if to ask - Is he the same person who was struggling for the past 80 days here and there with a withered face? As usual a majestic throne was kept. After sitting on it, the discourse began with his dynamic voice on the topic „freedom‟. "In the recent past, they have given me titles in the magazines. They wrote many names before and after my name. When Michael Jackson died, his Crores of fans thronged his website and dug in and browsed. Because of this, the internet jammed. In the history of the world Michael Jackson had the largest number of users entering a website, it created a record. But, just like that record, when problems arose such as the police

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searching for me, arrest etc, Crores of people searched on the internet at the same time. The internet jammed because of that. After Jackson, the net jammed only for me. Like that, when I was put in jail, only my form was in jail. But my soul went to many other countries and came back. My devotees fought with non-violence and the ways of Gandhi.

Their

struggle

has

been

successful.

Punishment is not something given by the court or judge, it is given by God. Let God say whether I am a good man or a bad man. They released pictures of someone with me, and slandered me. What happened in those pictures is not true. I never bothered about it. 45 lakhs of my devotees in 22 countries know about me" as Nithyananda continued to speak in his discourse, the hundreds of devotees listening looked emotional. Of the devotees gathered in Bidadi, a female devotee was getting special treatment; on looking closely it was found to be actress Malavika. She became famous by acting in the TV series "Anni" in a private tamil channel. Now she is acting in many films including Madhavan starrer "Je Je" and the series "Chellame" The ashram employees took extra care that the media should not know that actress Malavika had come. It is an actress closeness that got Nithyananda to run and hide. It has put many in surprise that an actress participated in the discourse and all activities in the first discourse on judicial permission. The complete answer has not been received on reported links to Ranjitha. Another actress already?

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The ashram administration has announced that Guru Purnima puja will be conducted on the coming 22nd. Even though this puja is conducted every year, administration has decided to show its might and stepped in to the battlefield. Where will this lead? 592. The Complainant respectfully submits that actress Malavika is a respected devotee who frequently visited the Nithyananda Dhyanapeetam at Bidadi with her husband, actor Avinash and thereafter, with their newborn child. Actress Malavika receives no privileged attention at the ashrams established and administered by the Complainant. In fact, no visitor to any of the ashrams established and administered by the Complainant

is

accorded

any

privileged

attention

or

treatment. The Complainant wishes to further state that the accused have largely misquoted and misrepresented the statements of the Complainant uttered during his sermon delivered after release from judicial custody. The Complainant never once said that his soul had traveled to distance places while he was in jail. Further, the manner and context in which the accused have misquoted and misrepresented the statements of the Complainant clearly amount to defamation of the most damaging kind. The accused have therefore, committed an irreversible defamation of the reputation and character of the Complainant. Original

news

Annexure AI Date of

report

- Translated news report

–

Annexure AI1 Volume: 10

Issue: 33

Publication: 5-Aug-2010 Author:

Position of Author in the Complaint:

Bala

Accused No. 20

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593. The accused have represented in a cartoon that: The scene is a barber‟s shop. A man is sitting and the barber is cutting his hair. Another man is reading the paper and telling the barber the news that reads, „Ranjitha can come again to the ashram: Nithyananda issues statement‟

Below it is asked, „Oh! then will the spiritual research begin again….?‟ 594. The Complainant respectfully submits that the accused have chosen to falsely attribute to the Complainant, statements that he never did utter. Thereafter, the accused have chosen to submit the Complainant to ridicule for the very things the accused have falsified in his name. Nevertheless, by ridiculing the Complainant for statements that the accused have previously

fabricated

in

his

name,

the

accused

have

committed a grave defamation of the reputation and character of the Complainant. Original

news

report

Annexure AJ Date of

- Translated news report

–

Annexure AJ1 Volume: 10

Issue: 38

Publication: 22-Aug-2010 Author:

Position of Author in the Complaint:

P.Rajini Kanth

Accused No. 21

595. The accused have stated: We will not allow Nithyananda into Tamil Nadu – Heavy opposition from Hindu People’s Party - P Rajini Kanth Actor SV Shekar who had met Nithyananda in person has invited him to come over to his house. Strong

234

opposition has arisen for this.

It is surprising that

those who are opposing this are from Hindu People‟s party. Regarding this scandal we met the Hindu People‟s Party State Organization Secretary Kannan and spoke to him. It has been said that sannyasis have all indulged in family life. In ancient times there were child marriages. Later they attained mukthi and became Mahans or yogis. To compare this situation with Nithyananda is wrong. Nithyananda wears ochre robes and teaches sannyas. Wearing ochre robes and being with Ranjitha is a very big mistake. Ranjitha is another person‟s wife. SV

Shekar

who

shows

himself

as

a

devotee

of

Sankaracharya Mutt, kept quiet without supporting the Mutt during the Murder case on Shankaracharya and voiced his support to Jayalalitha at that time. He did not participate in any protest staged by supporters of Shankaracharya.

He,

who

did

not

support

Shankaracharyar himself, today is inviting Nithyananda to his home. It makes us think does this mean that he has got any evidence from Nithyananda. So far as we are concerned we will allow Nithyananda into Tamil Nadu only if it is proved that he is chaste. Over and above this if he steps into Tamil Nadu we will stage a protest. We will send the women and stop him entering the place where he is coming. If it is proved that all charges against him are false then we will ourselves take him to all the nook and corners of Tamil Nadu. Do not know why this sudden love SV Shekar has for Nithyananda.

Before

this

when

Premananda

was

arrested where had he been? Why did he not voice his support for Premananda?

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Society is more important than the individuals. We will not allow such disgusting acts of such individuals.‟ He said this and ended with it. 596. The Complainant respectfully submits that the accused failed to note that the territory of Tamil Nadu is not the property of the Hindu People‟s Party or of any other person. The accused seem to implicitly endorse the resolve of the Hindu People‟s Party that they will decide

on the

suitability of the

Complainant to enter into the territory of Tamil Nadu. Their attention is drawn to the fact that the Complainant is a citizen of this country and he holds an unfettered right to enter into the territory of Tamil Nadu at will. It is not for the Hindu People‟s Party or for the accused‟s magazine to raise a barrier on the borders of the Tamil Nadu State. Further, by openly endorsing divisive tendencies in such manner, the accused have violated the oath administered to every journalist – to uphold constitutional ideals at all times. Further, the accused must have been too happy to reproduce the outrage of another person to the video that allegedly purports to depict the Complainant. As stated earlier, by taking the position that the accused have taken of the video in question, the accused have already committed the most blatant defamation of the reputation and character of the Complainant. Added to it all, by igniting and endorsing divisive tendencies for the purpose of supporting hostility to the Complainant, the accused have clearly engaged in the grossest form of defamation of the reputation and character of the Complainant. Original

news

Annexure AK Date of Publication: 06-Jan-2011

report

- Translated news report Annexure AK1

Volume: 10

Issue: 77

–

236

Author:

Position of Author in the Complaint:

M.P. Gajaraj

Accused No. 22

597. The accused have stated: In Thiruvannamalai-The people who chased and beat Nithyananda -MP Gajaraj Swami Nithyananda, who was torn to pieces by the media a few months back, visited Thiruvannamalai recently. The organizations, who felt that the sanctity of the Annamalayar temple was spoilt by his visit rose in agitation and conducted protest. With heavy police security Nithyananda conducted his puja at the temple. The problem started when the CD showing Nithyananda alone with Ranjitha was released. Nithyananda, who went through a lot of suffering such as hiding, case, adjournments, imprisonment was told not to deliver any discourses anywhere other than the ashram. He should not travel anywhere including his native town. After laying all these conditions, the court set him free with the bail. After the court relaxed these conditions Nithyananda came to his native town Thiruvannamalai on 28th. His devotees welcomed him with overwhelming enthusiasm when he came to this ashram on the girivala route. Once this news spread across the Thiruvannamalai District there was great sensationalism. The police got alert when the news spread that hundreds of persons from the Marxist and Communist party and progressive writers association were going to surround the ashram. Since the news spread that Nithyananda was going to come to the Annamalayar temple the next day early

237

morning, the opposition decided not to go to the ashram and instead decided to wait at the temple when he comes early morning. Early next morning on Wednesday the opposition gathered as early as 4am near the Ammani Amman entrance to the temple and police were piled on there without caring for the shivering cold. More than the police it was Nithyananda‟s disciples, who were running here and there. Abhiraman the advocate belonging to the Marxist Communist

Party,

Karuna

from

the

Tamil

Nadu

Progressive Writer‟s association, the administrators from the Indian Youth Democratic Federation, men and women, hundreds of people had gathered at the temple entrance and waved black flags. At the entrance to the temple they were stopped by the police. „Low intelligence man who used women who are equal to God for sex do not enter the Annamalaiyar shrine, do not spoil the sanctity by setting foot; even Unnamalaiyar is a lady, get out of Thiruvannamalai‟ like this they shouted many slogans against the saamiyar. Saamiyar‟s disciples who saw this burst out and shouted, „May Swami Nithyananda‟s fame rise‟ countering the protest. Seeing the tense situation the police took swamiar through another entrance. Nithy, who did puja in the open space near Arunagiriyar Mantapa sat on a silver plank and gave blessings to all the devotees. The protestors coming to know of this agitatedly tried to enter the temple but were prevented by the police. No saamiyar has so far come into the temple with his devotees and done meditation or given a discourse. When we enquired into the background for this we found that a „special‟ puja was done last week at a

238

college that belongs to a VIP. A close saamiyar of Nithyananda Nithyananda

only took

has

done

special

this

puja.

attention

It of

seems the

Thiruvannamalai district Police. That is why the police gave protection for Nithyananda from when he came and went back from the temple. But that joy did not even stay for a brief time. Nithyananda who came out of the temple in a showy way was way laid by thousands near Shanmuga School. Saamiyar‟s side when they saw this escaped and went the way they came at the speed of lightening. We spoke to the DMAKS party leader Karuna, who headed the protest. “If only we were able to get hold of that fake saamiyar, the women in our organization would have taught him a lesson. The sanctity of this Annamalaiyar temple has been spoilt by Sex Saamiyar Nithyanandam and his disciples by stepping into the temple. This lustful man has taken the temple on rent like taking a room on rent for two hours and has had his fun and gone. We do not know how the endowment board officials gave permission for this. The police have to file a case against this lustful man for trespassing beyond the space allotted to him. If not we also have plans to do yoga, meditation within the Annamalaiyar temple. For people like us, who do not even look at other‟s wives, the sanctity of the temple will not be affected by people like us”, Karuna said in an agitated voice. But somehow, Nithyananda has given what he had to and done what he came for and went away. 598. The Complainant respectfully submits that the penchant of the accused for exaggeration is most prominently displayed in

239

their aforesaid paragraphs. The Complainant respectfully submits that he has learnt that a number of people attributed to have said derogatory things against the Complainant were motivated to say so by the accused. Further, the accused have said „hundreds‟ when in fact, there were no more than „fifty‟

persons

belonging

to

certain

groups

which

had

assembled at the premises to demonstrate against the Complainant. Further, a few prominent saints have either offered discourses or have meditated within the very premises of the temple in relation to which the accused have seen it fit to blindly recite the claim of ignorant people that „no Saamiyar has meditated in the premises of the temple‟. Further, no „special pooja‟, as claimed by the accused, was performed for the benefit of any VIP. The accused will fail miserably to prove, even to an ordinarily probability, that such an event took place. Further, there weren‟t „thousands‟ when the Complainant was interrupted closer to a school. There were just „ten‟ persons and that is all. And, contrary to what the

accused have

claimed, the

disciples of

the

Complainant did not flee the scene and they would not see any imperative to do so. They were present in Tiruvannamalai for a divine purpose and not to flee. Further, the Complainant did not seek and did not get any favour from the police at Tiruvannamalai. He simply sought from the Police, a simple protection that troublemakers be distanced from his devotees. That is the very work of the police. Rest of the comments that the accused have elicited from sundry persons are false and denied as to its substance. In all, by deliberately and knowingly

depicting

the

Complainant

in

a

false

and

derogatory alight, the accused have most blatantly defamed the reputation and character of the Complainant. 599. The Complainant offers below, a general argument on the non-applicability of the exceptions to Section 499 of the Indian Penal Code, 1860:

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600. Defence of ‘truth’ and ‘public good’: The Complainant respectfully submits that the statements of the accused are far from true and even where true, the statements are solely calculated to inflict injury upon the reputation of the Complainant without aiming, on its face in any manner, the promotion of public good. Further, the comments of the accused are far too extensive and intrusive to be of any assistance to the public and are wholly incapable of achieving public welfare or public good in any manner. To humiliate the Complainant and to render him an object of contempt, ridicule and hostility by the society does not and cannot promote public good in any manner. Similarly, knowingly, deliberately and intentionally fabricating stories, inventing fictions and characters, fabricating statements and interviews are acts of falsehood that cannot, by any stretch of imagination, be considered to be in public good. 601. Defence of ‘fair comment’: The Complainant respectfully submits that the defence of „fair comment‟ is simply unavailable to the accused. It is submitted that the defence of fair comment is available only in respect of comments or opinion and not in respect of facts. Much of what is stated by the accused to constitute „facts‟ are nothing more than „fabrication of false stories, false statements and false interviews‟ by the accused and accordingly, a substantial part of the content generated by the accused purports to be in the nature of „factual reporting‟ and the defence of fair comment is wholly inapplicable to such content. As to the content that is purported to the opinion or comment by the accused, the Complainant respectfully submits that the

malice and

improper motives of the accused furnish no good ground to characterise such comments as „fair‟ or „justified‟. The accused

have

expressed

much

hostility

towards

the

Complainant and the glaring presence of malice disentitles

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their comments to be characterised either as „fair‟ or „justified‟. 602. Defence of ‘good faith’: The defence of „good faith‟ involves a pleading of honesty, due care and attention. The nature of reporting adopted by the accused is of such kind that unless the accused made a conscious decision to abandon honesty, due care and attention, their reporting could not have taken the „salacious‟ form which it has actually taken. Further, the Complainant respectfully submits that the nature of reporting by the accused is such as to titillate the senses of the depraved section of its readers and the Complainant‟s reputation has been wholly sacrificed by the accused in their pursuit of more and more titillating and salacious reporting. As such, the defence of good faith is wholly inapplicable to the impugned content generated by the accused as such content is glaringly short on honesty, due care or attention. 603. The Complainant offers below, specific arguments on the nonapplicability of the exceptions to Section 499 of the Indian Penal Code, 1860: First Exception – It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not is for the public good is a question of fact. 604. The Complainant respectfully submits that the first exception relates to matters that are „true‟. However, much of the content complained about in this complaint are patently false stories concerning the Complainant. Further, even in respect of some content which might have been a depiction of true state of affairs, the Complainant submits that there is no element of „public good‟ underlying such reports. As such, the Complainant respectfully submits that the first exception is wholly inapplicable in relation to the instant complaint.

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Second Exception – It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. 605. The Complainant respectfully submits that he did not occupy the position of a „public servant‟ at any point of time in his life. Further, the news reports that are complained about in this Complaint make no imputation that the Complainant held any „public office‟ or that he acted as a „public servant‟ at any point of time. As such, the second exception is wholly inapplicable to the instant complaint. Third Exception – It is not defamation to express in good faith any opinion whatever respecting the conduct

of

any

person

touching

any

public

question, and respecting his character, so far as his character appears in that conduct, and no further. 606. The

Complainant

respectfully

submits

that,

even

by

construing the issue of “whether a religious practitioner may choose to not to be a celibate” as a public question, the news reports that constitute adverse comment by the accused are not protected by this exception. There are numerous grounds that

deny

such

protection.

These

grounds

have

been

adequately described against each impugned news report. Accordingly, adopting the negative definition of “good faith” as contained in Section 52 of the Indian Penal Code 1860, “due care” and “attention” are the essential requirements of any action claimed to have been done in good faith. In this connection to illustrate, the Complainant respectfully submits that the accused would not find any reference to any declaration or proclamation by the Complainant to the effect

243

that he is a celibate in any of his books, speeches or sermons. As such when the accused adversely comment upon the Complainant by assuming the video to be true, they are presumed to have made a reasonable effort to identify if the Complainant did ever declare or proclaim himself to be celibate. Because the Complainant asserts here that he never did proclaim or declare to such effect, all the related adverse comments by the accused fail to elicit protection from the third exception to Section 499. Further, adverse comments upon the alleged conduct of the Complainant in relation to such a presumed public question are a very small part of the instant complaint. Therefore, the Complainant reasonably asserts that the third exception to Section 499 has no application to the instant complaint. Forth Exception – It is not defamation to publish a substantially true report of the proceedings of a court of Justices, or of the result of any such proceedings. 607. The Complainant respectfully submits that a very small part of the impugned news report purports to be a record of proceeding in a Court of law. However, instead of accurately reporting those judicial proceedings, the accused have deemed it expedient to grossly distort the content of those judicial proceedings. Besides, matters that never did occur inside a Court room have been narrated by the accused for the sole purpose of painting the Complainant in a bad light. As such, the forth exception Section 499 would have no application to the instant complaint. Fifth Exception – It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or

244

agent,

in

any

such

case,

or

respecting

the

character of such person, as far his character appears in that conduct, and no further. 608. The Complainant respectfully submits that the protection contained in the fifth exception is wholly inapplicable to the impugned news reports in view of the fact that the opinion expressed by the accused does not purport to touch the merits of a judicial matter that has been decided by a Court of Law. Further, the fifth exception to Section 499 is limited to any opinion expressed in relation to a „case‟ decided by a Court of justice. Nevertheless, even assuming that a FIR somehow falls into the ambit of this exception, the accused have traversed beyond the contents of the FIR by grossly imagining and fabricating stories and events and reproducing their own imagination and fabrication as a report on the actual state of affairs concerning the Complainant. Therefore, the fifth exception to Section 499 has no manner of application to the instant complaint. Sixth Exception – It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author as far as his character appears in such performance, and no further. 609. The

Complainant

respectfully

submits

that

the

sixth

exception has no relevance whatsoever to the instant complaint. However, even assuming that the books, speeches and sermons conducted by the Complainant could be brought within this exception, the predominant part of the impugned news reports do not factually relate to any such book speech or sermon. Therefore, an adverse comment founded on an imagined passage in a book, speech or sermon is beyond the sixth exception to Section 499 of the Indian Penal code 1860.

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Similarly, an adverse

comment upon the

Complainant

purporting to reflect on imagined deviation from imagined passage in his books, speeches or sermons is not protected howsoever by the sixth exception to Section 499. Seventh Exception – It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. 610. The Complainant respectfully submits that the seventh exception to Section 499 of the Indian Penal Code 1860 has no application howsoever to the instant complaint. None of the

accused

possess

any

lawful

authority

over

the

Complainant, whether by operation of law or by contract. Therefore, the protection under the seventh exception to Section 499 has no application to the accused howsoever. Eighth Exception – It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. 611. The Complainant respectfully submits that the news reports impugned in the instant complaint are wholly in the nature of salacious reporting concerning the Complainant and his affairs. Further, the audience for the impugned news reports are persons with debased and prurient interests and minds. As such, the eighth exception is wholly inapplicable to the instant Complaint as such readers do not ex readers do not exercise any legal authority over the Complainant. Ninth Exception – It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the

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protection of the interest of the person making it, or of any other person, or for the public good. 612. The Complainant respectfully states that a substantial part of the impugned news report constitutes stories and accounts fabricated by the accused and passing off the same as a true state of events concerning the Complainant and his affairs. As such, there is none amongst the general public that the accused have sought to protect by fabricating stories or by inventing false fiction concerning the Complainant. Further, public interest is always harmed by the salacious nature of reporting adopted by the accused in relation to the affairs of the Complainant. As such, the ninth exception to Section 499 is wholly inapplicable to the instant complaint. Tenth Exception – It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good. 613. The

Complainant

respectfully

submits

that

the

tenth

exception is wholly inapplicable to the instant complaint. There is no element of caution that could be gauged in any of the salacious reports that the accused have chosen to weave on the basis of their own imagination. As such, the “public good” element is thoroughly absent in all of the salacious news reports the accused have chosen to publish concerning the Complainant and his affairs. As such, no part of the tenth exception to Section 499 is applicable to any part of the salacious news reports impugned in the instant complaint. 614. The reasons for arraying the actual authors as the accused have already been explained and documented against each impugned news report. All the authors named against each impugned news report held a common intention to harm the

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reputation of the Complainant and were clearly aware that the nature and content of their writing was bound to impure the reputation of the Complainant. Further, the accused authors were aware of the actual damage and harm inflicted upon the reputation of the Complainant. 615. The Complainant offers below, the rationale and reasons for arraying as the accused, individuals other than the actual authors of the news reports: 616. Accused No.1 – Sri S.Selvarangam, the publisher of the magazine and Accused No.2, Sri Pa.Varadarajan, the Chairman and Managing Director of the magazine: the Complainant respectfully submits that Sri. Selvarangam, the publisher of the Kumudam Reporter Magazine and Sri Pa.Varadarajan, the Chairman and Managing Director of the magazine have been arrayed as Accused No.1 and No.2 respectively in the instant complaint in view of the fact that, in

their

respective

capacities

as

the

publisher

and

chairman/managing director of the Kumudam Reporter Magazine, they were the owners of the impugned content and were clearly in a position to prevent the publication of content defamatory to the Complainant on grounds that have been cited in this complaint. Besides, as the owners of the Kumudam Reporter magazine, these accused might have held an incentive to keep the content of their magazine as salacious as possible for the purpose of appealing to the prurient and debased interests of its readers, presumably, for the purpose of increasing sales and circulation. Increased sales and circulation are expected to confer increased money upon

the

publisher

and

chairman/managing

director.

Accordingly, these accused had a well defined financial incentive

to

publish

salacious

content

concerning

the

Complainant and did not, therefore, take steps to prevent the publication of content defamatory to the Complainant. Further, there was abrupt increase in the editions and the

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sole purpose of such increased editions appears to have been a motivation to publish greater and more salacious reporting concerning the Complainant. As such, the publisher of Kumudam

Reporter

Magazine,

the

accused

No.1,

Sri.

Selvarangam and the chairman and managing director of the magazine, Sri Pa.Varadarajan, the accused No.2 acted with the other accused with a common intention to harm the reputation of the Complainant and possessed thorough knowledge and information that the nature of content that was sought to be published concerning the Complainant was bound to injure his reputation. Further, the authors who wrote

salacious

and

debased

content

concerning

the

Complainant could not have generated such content unless and until they were satisfied and convinced that the owners of the magazine were eager for such content and were ready to publish all of such content. Also, the further fact that these accused took out more number of editions primarily to criminally defame the Complainant was itself a clear reminder to journalists employed at Kumudam Reporter Magazine that the owner, Sri. Selvarangam, the accused No.1 and the chairman and managing director, Sri Pa.Varadarajan, the accused No.2 would reward salacious nature of reporting concerning the Complainant. As such, the accused No.1, Sri Selvarangam, in his capacity as the publisher of Kumudam Reporter magazine and the accused No.2, Sri Pa.Varadarajan in his capacity as the chairman and managing director are liable to be tried to the fullest extent with the other accused in the instant complaint – in terms of Section 34 of the Indian Penal Code, 1860. Further, when a person knowingly, intentionally and deliberately sells or makes available for sale, any printed or engraved substance containing defamatory matter, he renders himself liable for punishment under Section 502 of the Indian Penal Code, 1860. As such, the accused No.1, Sri S.Selvarangam and the accused No.2, Sri

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Pa.Varadarajan are liable to be punished under Section 502 of the Indian Penal Code, 1860. 617. Accused No.3, Printer, Sri S. Paul Antony Raj: the Complainant respectfully submits that the accused No.3, Sri S. Paul Antony Raj, possessed the infrastructure to print the content conveyed to him by the publisher, accused No.1 and chairman and managing director, accused No.2. As such, the printer of Kumudam Reporter Magazine, Sri S. Paul Antony Raj possessed the means and the power to refuse to print content defamatory to the Complainant but chose to not refuse the printing of such content. As such, the printer therefore becomes liable to the same extent as the other accused due to the fact that he has employed his resources to the detriment of the Complainant. Therefore, the printer is required to be treated as having acted with other accused with a common intention to harm the reputation of the Complainant. Further, the printer was under a legal duty to realize that the printing and circulation of such content was bound to injure the reputation of the Complainant. Further the Printer, accused No.3, Sri. S. Paul Antony Raj was bound to

be

alerted

to

the

possibility

of

salacious,

content

concerning the Complainant when more editions were printed with headlines screaming about the Complainant. As such, the printer, accused No.3, Sri S. Paul Antony Raj is liable to be tried to the fullest extent with the other accused in the instant complaint – in terms of Section 34 of the Indian Penal Code, 1860. Further, when a person knowingly, intentionally and deliberately prints or engraves any defamatory matter, he renders himself liable for punishment under Section 501 of the Indian Penal Code, 1860. As such, the accused No.3, Sri S. Paul Antony Raj is liable to be punished under Section 501 of the Indian Penal Code, 1860. 618. Accused No.4, Sri S.Illangovan, the editor of Kumudam Reporter Magazine: The Complainant respectfully submits

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that Sri. S. Illangovan, the editor-in-chief of Kumudam Reporter Magazine has been arrayed as accused No.4 primarily due to the fact that in his capacity as the editor of the magazine, he exercised full control over the content that would eventually be published by the magazine. In other words,

the

editor-in-chief

of

the

Kumudam

Reporter

Magazine, Sri. S. Illangovan, the accused No.4, was always in a position to simply refuse to permit publication of salacious content concerning the Complainant. Had only the accused No.4, Sri. S. Illangovan, in his capacity as the editor of the magazine refused to permit the publication of the impugned content, the Complainant could not have raised any manner of grievance concerning the impugned content. Further, an editor of a magazine is legally entrusted with the duty to select content for publication. As such, an editor acquires a commensurate legal responsibility for content that he selects for publication. As such, an editor derives a legal power to prohibit publication that could violate the law of the land or could violate norms of decency or morality. As such, the mere private

authoring

Complainant

of

would

salacious not

have

reports been

concerning enough

for

the the

Complainant to raise a grievance unless and until the editor of the magazine approved such content and cleared the same for publication. Therefore the Complainant raises a grievance against the editor of the magazine to the same extent that he has been compelled to raise against the actual authors of the articles concerned. Further, the Complainant respectfully submits that the editor-in-chief of the Kumudam Reporter Magazine might have possessed the financial incentive at the relevant time to increase circulation and distribution by catering to the debased and prurient interests of its readers. Accordingly, the Complainant has joined Sri. S. Illangovan, the Accused No.4, in his capacity as the editor of the Kumudam reporter magazine for his acts of active approval to

251

publish

salacious

nature

of

reporting

concerning

the

Complainant. Therefore, by such approval, the accused No.4, Sri S Illangovan acted with other accused with a common intention to harm the reputation of the Complainant. Further, the accused No.4, Sri S.Illangovan clearly knew that the publication of such content was bound to injure the reputation of the Complainant. As such, the accused No.4, Sri S.Illangovan, in his capacity as the editor of Kumudam Reporter magazine is liable to be tried to the fullest extent with the other accused in the instant complaint – in terms of Section 34 of the Indian Penal Code, 1860. 619. Accused No.5, Joint Editor, Sri M.Pandiarajan; Accused No.6, Assistant Editor, Sri Bala Jyothi; Accused No.7, Assistant Editor, Sri S Mohan; Accused No.8, Assistant Editor, Sri Vettai Perumal; Accused

No.9,

Coordinator

of

Editorial

Board,

Sri

S.Subramanian; the Complainant respectfully submits that these individuals, in their capacity as assistant or joint editors or as coordinator of editorial board are bound to have had a definite legal role in approving for publication, the salacious content concerning the Complainant. Further, the fact that the Kumudam Reporter Magazine itself lists the names and positions of these accused clearly indicates that the magazine intended a legal power and responsibility upon each of these individuals to partly, selectively or otherwise approve content that was submitted to them. As such, these individuals, by virtue of their legal power within the magazine possessed the requisite authority to refuse approval of salacious content concerning the Complainant. The fact that the magazine did publish such content clearly indicates that these individuals facilitated the publication of salacious content concerning the Complainant by actively or otherwise approving

and

clearing

such

content

for

publication.

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Therefore, by such approval, these accused acted with other accused with a common intention to harm the reputation of the Complainant. Further, these accused clearly knew that the publication of such content was bound to injure the reputation of the Complainant. As such, these accused in their capacity as the joint, assistant or coordinating editor of Kumudam Reporter magazine are liable to be tried to the fullest extent with the other accused in the instant complaint – in terms of Section 34 of the Indian Penal Code, 1860. 620. Finally, as stated earlier, the Complainant submits that the authors of the impugned articles who have been arrayed as accused No.10 to 22 have acted with a common intention to harm the reputation of the accused – to the extent that they are shown as the authors for a given news report. Further, the names of the authors for each news report have been stated in the preceding pages. The reasons for attaching legal and criminal liability upon the authors has been clearly described in the preceding pages against each impugned news report. As such, the authors clearly intended and knew that the salacious nature of reporting concerning the Complainant was bound to injure his reputation. Therefore, the authors, arrayed as Accused No.10 to 22 are liable to be tried to the fullest– in terms of Section 34 of the Indian Penal Code, 1860. 621. Actual harm upon the Complainant: The Complainant respectfully submits, as already documented in the preceding pages, that his reputation has been gravely injured and harmed by the collective acts of the accused and that every manner of grievance raised in this complaint against the acts of the accused may be read as including a further grievance that those acts were calculated to injure and harm the reputation of the Complainant and that the same have indeed caused, actual injury and harm to the reputation of the Complainant.

253

622. As such, the accused Nos.4 to 22 are liable for punishment under Section 500 of the Indian Penal Code, 1860 whereas accused Nos.1 and 2 are liable for punishment under Section 502 and accused No.3 is liable for punishment under Section 501 thereof. 623. Limitation under Section 468 of the Criminal Procedure Code, 1973: The Complainant respectfully submits that the earliest impugned news report is dated 11-Mar-2010. In terms of Section 468(2)(c) of the Criminal Procedure Code, 1973 this Complaint is required to be filed within a period of three years from 11-Mar-2010 (due to the fact that the maximum term of imprisonment under Section 500 of the Indian Penal Code, 1860 is a period of 2 years). This Complaint has been filed in this Hon‟ble Court on 26-Mar2012. As such, this Complaint is filed within time as reckoned for the purpose of Section 468 of the Criminal Procedure Code, 1973. 624. Compliance with Section 199 of the Criminal Procedure Code, 1973: The Complainant is fully aggrieved by reasons of the printing, publication, dissemination and circulation of the impugned news reports. As such, he is the foremost „aggrieved person‟ in respect of the impugned news reports. Further, the Complainant is represented herein by a legal practitioner. However, the Complainant respectfully states that he would conform to the practice rules formulated under Section 199 of the Criminal Procedure Code, 1973 by personally presenting himself to the Court except where specifically excused by this Hon‟ble Court. PRAYER Wherefore, in view of the circumstances most distressingly narrated above, the Complainant most humbly begs that this Hon‟ble Court be graciously pleased to:

254

a)

summon the accused to answer a charge of having collectively

intended

the

commission

of

criminal

defamation of the Complainant in terms of Section 499 of the Indian Penal Code, 1860 read with Section 34 thereof and to; b) summon the accused to answer a charge of collectively knowing or having reasons to believe that their collective acts and imputations would harm the reputation of the Complainant

and

of

causing

actual

harm

to

the

reputation of the Complainant in terms of Section 499 of the Indian Penal Code, 1860 read with Section 34 thereof and to; c)

adjudge the accused as guilty, whether by consent or upon trial, and to subject them, individually, to the due and full punishment - in terms of Section 502 of the Indian Penal Code, 1860 in relation to accused Nos.1 and 2, in terms of Section 501 thereof in relation to accused No.3 and in terms of Section 500 thereof in relation to accused Nos.4 to 22;

d)

to pass any other order or direction as may be desired or deemed expedient by this Hon‟ble Court in the interest of justice and expediency.

Date: 26-Mar-2012

Complainant

NITHYANANDA SWAMI

Place: Bidadi

Advocate for Complainant

K.V.DHANANJAY