POCSO Case | Allahabad High Court Judge Recuses From Hearing Contempt Plea Against Swami Avimukteshwaranand

When the matter came up for a hearing, the single judge directed that the matter be laid before another Bench as fresh, after obtaining a nomination from the Chief Justice.

For context, the contempt application has been filed by Ashutosh Brahmachari Maharaj seeking strict punitive action against Avimukteshwaranand Saraswati and his disciple, Mukundanand Brahmachari.

Both religious leaders are currently facing grave allegations of sexual penetrative assault against minors.

The plea alleges that the opposite parties are deliberately violating the High Court-imposed conditions on them while they were granted anticipatory bail in a POCSO case. These directives were passed vide orders dated February 27 (interim order), and March 25 (final order).

Ashutosh Maharaj, who is also the first informant in the FIR against the alleged contemnors, claims that despite the court's strict directives not to interfere with the judicial process, the alleged contemnors have flouted their bail conditions by conducting unauthorized public rallies and meetings in the home districts of the minor victims.

The plea further alleges that through these public demonstrations and provocative media statements, the opposite parties are actively attempting to intimidate the minor victims and their families, create an atmosphere of fear and illegally influence the ongoing judicial proceedings against them.

"…the opposite parties are organizing Yatras/processions in various districts without the permission of the competent authority and are going to the home district of the child victim and organizing public meetings and giving speeches and making provocative statements, due to which an atmosphere of fear and insecurity has been created among the minor child victims and their families and there is a possibility of the judicial process being affected and the safety and privacy of the victims being seriously affected…they are continuously spreading confusion in the society by propagating through media and social media and are trying to influence the court proceedings", the plea states.

The petition also states that during the aforementioned programs, religious figures repeatedly make inflammatory, misleading, and false statements on various news channels, social media platforms, and public forums, alleging that cases against them are being filed "at the behest of the Government".

Ashutosh Maharaj argues that these statements are intended to create confusion in society, cast doubt on the impartiality of the court, and influence the judicial process, which constitutes contempt punishable under the Contempt of Courts Act, 1971.

The contempt application further claims that a reward of Rs. 21 Lakhs had been publicly announced to cut off the nose of the Applicant/First Informant (Ashutosh Maharaj), which resulted in a life-threatening attack on him inside a moving train on March 8, 2026, due to which he also sustained injuries.

Furthermore, the applicant has also claimed that he has received a death threat via a WhatsApp call from a Pakistani mobile number, wherein he was threatened to be killed along with his advocate in a bomb blast if he did not withdraw the cases.

The petitioner argues that these continuous threats and acts of violence constitute a direct interference with the administration of justice.