PREMANANDA TRUST Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) These two writ petitions, in effect, seek for the same relief.

(2.) In the first writ petition, petitioner prays for a direction to re-transfer a sum of Rs.36,40,000/- to the petitioner Trust by quashing the order of the Tahsildar dated 9.12.1988. In the second writ petition, petitioner seeks for a mandamus to forbear the respondents from taking away from the Trust, the sum of Rs.61,30,00/-, being the fine amount payable by Swami Premananda.

(3.) The facts of the case are stated hereunder :- Swami Premananda, a Sri Lankan national, came to India in the year 1983 and set up an ashram called Premananda Ashram near Tiruchy. Inside the ashram, he had set up educational institutions with hostels separately for girls and boys. According to the petitioner, the ashram was imparting religious discourses, yoga classes and technical education. While so, on the basis of a criminal complaint against Premananda, Crime No.1183 of 1994 was registered on 17.11.1994 under Sections 142, 376 and later under Sections 302 and 201 of the Indian Penal Code before the Pudukkottai Police Station and Swami Premananda was arrested on 19.11.1994. Twelve charges were framed against Premananda and six others by the Sessions Court, Pudukkottai in S.C. No.7 of 1996. The charges were that during the period between 1990 and 1994, Premananda (A-1) committed rape on 13 girls and that accused/A-2 to A-7 assisted and abetted the acts of A-1. It was also alleged that one Ravi, who tried to expose the misdeeds of A-1, was done to death and was buried in the ashram itself. One Divya Devi, the second accused in the case, could not be secured and was declared as a proclaimed offender and thereafter, the case was split up. The Sessions Court, by a judgment dated 20.8.1997, found Premananda/A-1 guilty of rape of 13 girls as well as the murder of Ravi and sentenced him for life imprisonment on both charges, directing the sentences to run consecutively. The Sessions Court also imposed a total fine of Rs.66,40,000/- on Premananda which was directed to be paid to each of the victim girls at the rate of Rs.5,10,000/- and the life sentences on the charges of rape were directed to run concurrently. The said conviction and sentence was confirmed by this Court insofar as Premananda is concerned in Criminal Appeal No.895 of 1997 by a judgment dated 12.12.2002, except for a modification in reference to one of the victim girls.