"Hinduism Is Not So Weak And Fragile": J&K Court Jails Self-Styled Godman [Read Order]

The District Judicial Mobile Magistrate (T), Udhampur, sentenced Sita Ram Dass, a self-styled godman and religious preacher, to 30 days' simple imprisonment after he failed to pay Rs.49,000 compensation imposed for filing a frivolous criminal complaint against temple committee members.

The complainant had filed a complaint in March 2026 against nine persons, alleging that religious rituals and idol installations at a temple were not being performed according to his beliefs. He claimed that Shiv Ling, Shani, and Nandi idols were improperly placed and that satsang was not conducted as requested by him. The complaint also contained certain statements which the Court found inappropriate and offensive to religious sentiments.

He sought prosecution of the accused under various provisions of the Bharatiya Nyaya Sanhita and Indian Penal Code, including Sections 295-A and 298 IPC. During examination, it was revealed that the alleged incidents related to June 2017. The Court held that the complaint was barred by limitation under Section 468(2)(c) CrPC, as it was filed after nearly nine years. The request to amend the complaint to create a fresh cause of action was rejected.

The Court further held that even on merits, the complaint did not disclose any criminal offence. It observed that the grievance was essentially that the accused had not followed religious rituals in the manner preferred by the complainant. Criminal law, the Court held, cannot be used to enforce an individual's interpretation of religious practices.

The Magistrate found that Section 295-A IPC was not attracted as there was no allegation of any deliberate or malicious act intended to outrage religious feelings. Section 298 IPC was also held inapplicable due to absence of intentional words or gestures causing such offence. Allegations regarding non-payment of salary were treated as a civil dispute and could not amount to cheating under Section 318 BNS. The Court also found no basis for defamation under Section 356 BNS and held that Sections 85, 196, 211, 212, and 248 BNS had no application.

The Court noted that the complaint arose from a personal dispute, as the complainant himself claimed that the temple committee wanted him to work as a caretaker without proper payment and that he had received only Rs.1,700 out of the alleged remuneration. The Magistrate held that a civil monetary dispute had been wrongly given a criminal colour.

Relying on Jay Shri v. State of Rajasthan and Sharif Ahmed v. State of Uttar Pradesh, the Court observed that criminal proceedings should not be used to settle civil disputes and that Magistrates must carefully distinguish between civil and criminal wrongs.

Using powers under Section 273 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Court issued notice to the complainant regarding compensation to the accused persons. The complainant claimed that he was a self-styled godman and did not know English, but the Court rejected the explanation, noting that legal aid had been provided to him.

The Court directed him to pay Rs.7,000 each to seven accused persons, totalling Rs.49,000, within two days. It observed that Hinduism is not so weak and fragile that it requires filing of frivolous cases in its name and stated that a person cannot impose his personal religious practices on others.

When the complainant failed to comply, the Court issued a non-bailable warrant. On 8 June 2026, he was produced before the Court but refused to deposit the compensation amount. Consequently, the Magistrate sentenced him to 30 days' simple imprisonment from 8 June to 7 July 2026 and ordered his detention at District Jail, Udhampur. He was directed to be released if the compensation amount was deposited.

Mr. Sanjeet Kumar Bavoria, Advocate, appeared for the complainant. Mr. Yog Raj Sharma, Advocate, appeared for accused nos. 1, 2, 3, 5, 6, 7, and 9.

Case Title: Sita Ram Dass Guru Awadh Bihari Dass v. Bishan Dass and Others

[Read Order]