Uttar Pradesh Congress President Ajay Rai on Monday wrote a letter to Prime Minister Narendra Modi demanding an independent and impartial investigation into the case registered against Shankaracharya Swami Avimukteshwaranand Saraswati under the Protection of Children from Sexual Offenses (POCSO) Act.
He also urged the investigation to be handed over to a central or independent agency to ensure transparency. In his letter, Rai requested the Prime Minister to ensure an “independent, impartial and transparent investigation” of the case registered under the POCSO Act at Jhusi police station in Prayagraj and protect the “constitutional dignity of religious autonomy”.
Citing media reports, Rai wrote, “You might be aware from the news published in various media outlets recently that an FIR has been registered under the POCSO Act against Shankaracharya Swami Avimukteshwaranand Saraswati of Jyotirmath Peeth. It is also stated that the FIR has been registered in compliance with the orders of the court. It is the duty of every citizen and the government to respect the orders of the court.”
However, he further said that “the circumstances surrounding this case and the wider perspective have raised serious questions and concerns in the society.” Rai said that Swamiji had earlier publicly raised questions on the administrative system of the Uttar Pradesh government in relation to the stampede at the Maha Kumbh Mela.
The letter said “Later, incidents of him being prevented from bathing at the Magh Mela and alleged misbehavior with the monks accompanying him also came to light, leading to widespread criticism. In this context, the timing of the present criminal proceedings has naturally become a subject of public debate.
Seeking investigation into the complainants as well, Rai said, “It is also extremely important to conduct an impartial investigation into the background of the persons filing the FIR, their circumstances and possible motivating factors. If the case is the result of a completely legal and independent criminal process, a transparent investigation will automatically establish the truth; however, if there is any suspicion of political motive, pressure or malicious intent, its timely resolution is equally essential.”
He stressed that “only an investigation, monitored if necessary by an independent or central agency, can strengthen public confidence.”
Citing constitutional provisions, Rai said Articles 25 and 26 of the Indian Constitution guarantee religious freedom and the fundamental right of religious sects to manage their own affairs. He wrote, “The office of Shankaracharya is one of the highest spiritual positions in the Sanatana tradition, the validity and tradition of which is determined by historical religious practices.”
He further said that Supreme Court judgments have made it clear that “judicial intervention is justified only when the criminal proceedings prima facie appear to be malicious or vindictive” and “the criminal law cannot be used as a tool of repression or retaliation.”
“Clearly, dissent or criticism cannot be suppressed by punitive power,” the opinion wrote, adding that the criminal process must be “impartial, independent and completely free from political influence”, and that state power must not be used to “influence or harm the reputation of any spiritual leader.”
Rai further said, “If the circumstances arising against a top religious leader create the perception of unnecessary conflict between the government and the spiritual tradition, it may give rise to resentment and anguish in the broader religious community. Timely resolution of any such apprehensions is necessary for the sake of democratic balance and social harmony.”
Last week, following directions from the special court, an FIR was lodged at the Jhunsi police station against Jyotish Peeth Shankaracharya Swami Avimukteshwaranand Saraswati, his disciple Mukundanand Brahmachari and others under the POCSO Act under Section 351(3) of the Indian Code of Justice (BNS), 2023 as well as Sections 3, 4(2), 6, of the Protection of Children from Sexual Offenses Act, 2012. FIR has been registered under sections 16, 17 and 51.
The charges relate to incidents that occurred between January 13, 2025, and February 15, 2026. The complaint includes serious allegations of sexual offenses involving minors.