Lawyer clarifies SC’s dismissal in Dharmasthala case, says SIT probe stands on strong legal ground
New Delhi: A fresh clarification has been issued by Advocate KV Dhanajay on the Supreme Court’s May 5, 2025 order in the Dharmasthala case, where a former sanitation worker had alleged mass burials of victims of murder and sexual assault inside the temple town. The statement, dated September 26, 2025, stressed that the top court’s dismissal of the writ petition had been purely on procedural grounds of delay and laches, and not on the merits of the grave allegations.
According to the clarification note, the Supreme Court order itself clearly recorded that the matter was not examined on merits. The order had said: “The writ petition has to be dismissed on the ground of delay and laches without requiring to consider the same on merits.”
The note explained that no notice had been issued to any of the respondents, including the temple trust and the State Government. As a result, the respondents had no chance to accept or contest the allegations before the court. “Therefore, the Supreme Court had nothing to say about the merits of the case,” it added.
The clarification comes amid discussions suggesting that the State Government would not have ordered a Special Investigation Team (SIT) had it been informed about the dismissal of the writ petition. Rejecting this claim, the statement underlined that the dismissal of the earlier petition “has no relevance or impact” on subsequent lawful steps such as:
the complainant’s formal police complaint at Dharmasthala Police Station on July 3, 2025, registration of FIR No. 39/2025, and the State Government’s order dated July 19, 2025, constituting an SIT to investigate the case.
The note stressed that under Indian criminal law, the police are duty-bound to investigate cognizable offences, and under constitutional law, a State Government has full authority to constitute an SIT. “The SIT was constituted because the allegations, on their face, disclosed cognizable offences of grave public importance. To argue that disclosure of a procedural dismissal would have deterred the State is to misstate both the law and the responsibility of the Government,” it read.
The counsel further explained that their role was to ensure an investigation began, which was achieved once the SIT was formed. He also pointed out that the case stands on the complainant’s sworn statements, and if any part of his testimony is proven false, he would be prosecuted for perjury.
The controversy traces back to a writ petition filed earlier this year by a former sanitation worker of Dharmasthala Temple. Filed under Article 32 of the Constitution, the petition alleged that between 1995 and 2014, he was coerced into secretly disposing of hundreds of bodies, many of them victims of murder, sexual assault, and violence against marginalized communities.
The petition described a chilling account of systematic crimes allegedly carried out in and around the temple town. According to the petitioner, the crimes included brutal assaults on women, targeted killings of indigent persons, and secret burials or cremations to destroy evidence. He claimed he was forced to carry out burials under threats of death, and that local police colluded with the temple administration instead of investigating.
The petition sought the Supreme Court’s intervention to set up a Special Investigation Team under a retired judge, to exhume burial sites, identify victims through forensic analysis, and probe the alleged nexus between temple authorities and law enforcement.
In support of his claims, the petitioner produced photographic evidence of skeletal remains he had exhumed from one such burial site. He also offered to guide investigators to multiple locations where he claimed to have buried victims.
However, on May 5, 2025, the Supreme Court dismissed the writ on procedural grounds, noting that the petition had been filed after an extraordinary delay and without a prior FIR. The court, however, specifically clarified that it was not entering into the merits of the allegations.
With the filing of a fresh complaint in July and the registration of an FIR, the State Government constituted a Special Investigation Team, which is currently probing the allegations. The press statement emphasised that the SIT’s mandate remains legally intact and unaffected by the earlier dismissal, which was confined to procedural aspects.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Kane scores hat trick and Bayern extends Bundesliga lead to 11 points
Berlin (AP): Harry Kane was substituted in at the hour mark and still had enough time to score a hat trick on Saturday.
The England captain took his goal tally for Bayern Munich this season to 28 and the defending champions extended their lead to 11 points after thrashing Stuttgart 5-0 on the road.
Second-placed Leipzig later hosted Eintracht Frankfurt.
With Kane on the bench, Konrad Laimer took on the scoring duties and produced a superb finish. The Austria midfielder collected a long ball and combined with Michael Olise before slotting home from close range with a subtle backheel past goalkeeper Alexander Nübel in the 11th minute.
Kane made it 2-0 with a low shot into the bottom corner and Josip Stanišic added his name to the scoresheet. Kane added further luster to the win from the penalty spot after Stuttgart was reduced to 10 men for Lorenz Assignon using his arm to clear a ball in the 81st.
Kane completed the rout with a flick from an Olise cross with two minutes left. He has found the net five more times with England this season, taking his total to 33 goals for club and country.
Stuttgart had chances before halftime but lacked a cutting edge. Midfielder Nikolas Nartey thought he equalized only for his goal to be ruled out for offside after a VAR check.
Bayern Munich is unbeaten in 16 league and cup games against German opposition this season.
Other results
==========
Bayer Leverkusen suffered a fourth loss, 2-0 at Augsburg.
Defender Dimitrios Giannoulis put the host in front after six minutes then turned provider to set up forward Anton Kade. Leverkusen, which hit the woodwork, remained in fourth place, 14 points behind Bayern.
Wolfsburg scored from all of its shots on target and moved four points clear of the relegation zone after beating Union Berlin 3-1. Heidenheim defeated Freiburg 2-1. Cologne and St. Pauli drew 1-1.
