CJM no to withdrawing rape case against former BJP MP Chinmayanand

Turning down the request of the Yogi Adityanath Government to withdraw cases against former Union Minister of State for Home Swami Chinmayanand, the Chief Judicial Magistrate (CJM) of Shahajahanpur, Uttar Pradesh issued a bailable warrant against Chinmayanand, asking him to appear in person in court on July 12.

The state government had earlier given a petition withdrawing the case against Swami Chinmayanand, who is facing rape charges. The court went through the notice and then ruled that the case should continue. The court further issued a ₹5,000 bailable warrant against him and asked him to appear in person in the court on July 12.

Swami Chinmayanand had courted controversy after one of his women disciples accused him of raping her and subsequently a case was registered. The woman, who was also manager of Mumuksh ashram run by Chinmayanand, had filed an FIR against him on November 30, 2011, alleging that she was held captive, raped and assaulted for several years. The victim recorded her statement before the judicial magistrate under Section 164 of the CrPC.

The BJP MP had called the charges false.

Earlier, Chinmayanand filed an application in the Allahabad High Court against a summons order issued by the CJM’s court, after which the High Court stayed his arrest.

Later, the state government announced withdrawal of the case against Swami Chinmayanand, saying it is politically motivated. On December 22, 2017 the Uttar Pradesh state assembly passed Uttar Pradesh Criminal Law (Composition of offences and Abatement of Trials) Amendment Bill 2017, under which cases against political leaders claiming to be politically motivated cases were withdrawn. After that amendment, 20,000 political cases were withdrawn, including cases against Chief Minister Yogi Adityanath and other senior leaders.

It is reported that on March 9, the Additional District Magistrate (Administration), Shahjahanpur, Sarvesh Dixit sent a letter to the senior prosecution officer, directing him to move a petition in the court for withdrawal of the case, two weeks after CM Yogi Adityanath met Chinmayanand in Shahjahanpur on February 25.

When this news came to light, the rape victim sent letters to the President, the Chief Justice of India, the UP governor, the Chief Minister and the district judge raising objections over the move, urging them for immediate issuance of a warrant against the accused.

Quoting the same amendment, the prosecution department pursuing the government’s stand of withdrawing the case against Chinmayanand, filed an application in the CJM court. However, the court has now decided against the government order and asked the former BJP MP to appear before it.