As rape accused self-style godman Nithyananda remains absconding in a foreign country, the Union Home Minstry has asked the Karnataka government to consider steps to secure a Red Corner Notice against him. TNM has accessed a “most urgent” letter dated December 19, written by Deputy Commandant (Legal) Anurag Kumar in the Union Home MInistry to Rajneesh Goel, Additional Chief Secretary to the Home Department.
While Nithyananda in many of his videos published on social media claims to have set up his own country called 'Kailasa', he is believed to be in the Caribbean islands, according to whistleblowers. The Karnataka government has been advised to approach a court for a non-bailable warrant against Nithyananda and follow the due process for extradition/deportation of the godman.
The Union government communique to the state government, as stated in Kumar’s letter, is in the wake of applications made to Home Minister Amit Shah by the survivor in the rape case against Nithyananda, and the mother of a woman who died under mysterious circumstances inside Nithyanada’s ashram. While the trial in rape case is going on in the Ramnagara III Additional District and Sessions Courts, the Karnataka High Court is hearing a plea seeking a CBI probe over the mysterious death.
The letter also had an attachment of a directive from the Consular, Passport and Visa (CPV) division of the Ministry of External Affairs, on how to seek extradition/deportation with a foreign country.
The letter reads, “In this regard, it is informed that if an accused person is in a foreign country, then for securing his presence for trial in India, the said person needs to be extradited/deported as per legal procedures contained in the Extradition Act, 1962 and the treaty on the issue with the concerned country."
It adds, “Further, (for) the extradition procedure to obtain the presence of the accused from the concerned country, the Investigation agency concerned needs to approach the concerned Court for issuance of an open dated Non-Bailable Warrant in the name of alleged accused.”
Kumar’s letter also advised that if Nithyanada’s whereabouts are not known, the concerned investigation agency (CID and state police) may consider approaching the Central Bureau of Investigation, NCB, INTERPOL, New Delhi for getting a Red Corner Notice issued.
“Once the present location of the accused is ascertained, the investigation agency concerned may prepare formal extradition request in respect of the accused person and send to this Ministry," it said.
Meanwhile authorities in Gujarat razed down Nithyananda’s ashram in the outskirts of Ahmedabad on Saturday in continuation with the crackdown against him and the institution since November.
Gujarat police have booked Nithyananda and arrested two of his aides under Sections 365 (abduction), Section 344 (wrongful confinement), 323 (voluntarily causing hurt), 504 (intentional insult to provoke breach of peace) and 506 (criminal intimidation) of the Indian Penal Code along with sections of the Child Labour (Prohibition and Regulation) Act. The suspects, Pranapriya and Tatavapriya, continue to remain in jail.
The police had started taking action against his organisation after a Bengaluru-based man approached the Gujarat State Commission for the Protection of Child Rights (GSCPCR) in November and also the Gujarat High Court. The complainant, Janardhana Sharma, is a former disciple of Nithyananda, who was once closely associated with him and had alleged that his children were brainwashed and tortured at the ashram. While his two younger daughters returned to him following police action, his two elder daughters refused to leave Nithyananda’s cult.
While the Ahmedabad HC had ordered both the women to be present in court on more than two occasions, they continue to send affidavits from Barbados, which the HC does not admit.