The Allahabad High Court has rejected a contempt application seeking punitive action against Swami Avimukteshwaranand Saraswati and his disciple, Mukundanand Brahmachari. The court ruled on Friday that the allegations of violating bail conditions should be addressed through a different legal channel rather than a contempt petition.
Justice Dinesh Pathak, while dismissing the plea, clarified the procedural path for such grievances. He observed that if the conditions of the anticipatory bail are indeed being breached, the appropriate course of action for the applicant is to file for the cancellation of that bail, rather than pursuing a contempt of court charge.
“The applicant could file for cancellation of anticipatory bail granted by the court, if [the respondent] is violating bail conditions,” Justice Pathak noted during the proceedings.
The petition was moved by Ashutosh Brahmachari Maharaj, who alleged that Swami Avimukteshwaranand had willfully disobeyed orders previously set by the High Court. The controversy stems from a POCSO (Protection of Children from Sexual Offences) case registered in Prayagraj, in which the Swami had been granted anticipatory bail.
According to the contempt application, the Swami was accused of holding multiple meetings and making public statements that directly contravened the restrictions placed upon him by the court when his bail was granted. The petitioner argued that these actions warranted punitive measures for contempt.
The case saw a shift in the bench prior to Friday’s decision. Originally, the matter was slated to be heard by Justice Rohit Ranjan Agarwal. However, Justice Agarwal recused himself from the proceedings, stating he did not wish to hear the matter.
Following the recusal, the Chief Justice nominated Justice Dinesh Pathak to preside over the petition, leading to the current dismissal.
While the contempt plea has been set aside, the court’s remarks leave the door open for the petitioner to challenge the Swami’s anticipatory bail status if they believe the established conditions continue to be ignored.
