Truth was replaced by untruth after Aug 23: Advocate S Balan on Dharmasthala probe

The Federal spoke to advocate S Balan about the recent developments in the Dharmasthala case, where the Karnataka High Court ordered a stay on the FIR after activists alleged wrongful investigation and harassment by the Special Investigation Team (SIT). In this interview, Balan explains why he moved the high court, why he thinks the SIT overstepped its powers, and what his next move would be.

Why did you file a petition in the high court regarding the Dharmasthala case?

There was an order by the high court of Karnataka’s single bench, and it was widely reported in the media. The court has granted a stay on Crime No. 39/2025 registered on April 7, 2025. Four whistleblowers who have been fighting for justice for the departed souls received multiple notices, including the tenth one, which carried a threat of arrest.

Also read: 'Who killed'? Women’s movement rises again in Karnataka over Dharmasthala case

They approached the high court by filing a petition. I appeared for them, questioning the issuance of such notices with threats of arrest. While doing so, we highlighted that the registration of FIR No. 39/2025 itself is legally wrong, as it pertains to a non-cognizable offence.

The police violated the provisions of Section 174(1) of CrPC (earlier 155(2)), and then added nine more sections. These additional provisions are found under Section 250(15) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) read with Section 379 of the BNSS.

The investigating agency, particularly the SIT, suo motu assumed the powers of the court and thereby derailed the entire process of investigation, whether knowingly or unknowingly, I cannot say. When the activists were threatened, they had no option but to approach the high court.

The court examined the legal irregularities, read the sections, and questioned the state. The Special Public Prosecutor representing the SIT and one IPS officer were also present. The court initially ordered that there should be no harassment—meaning no arrest, no notice, and no detention. Subsequently, the court felt the case itself should be stayed, and it has been stayed.

Also read: Who is Chinnayya, the arrested ‘whistleblower’ in Dharmasthala case?

What is your opinion about the SIT investigation?

As of now, the case has been stayed only concerning the activists. However, in the same crime number, one of the accused, Chinmaya, remains in jail, and this stay does not apply to him. Initially, Chinmaya was the informant, but he later became an accused.

There is no stay preventing the SIT from submitting its report to the state government, as confirmed by the home minister. So, while the activists have relief from arrest, the SIT is still free to proceed with its internal reporting.

Why do you doubt the SIT?

In my view, until August 23, 2025, the “horse was before the cart,” meaning the investigation was on the right track. But after that date, the “horse was put behind the cart.” The process started moving backward instead of forward.

Earlier, the load in the cart was truth; after that date, it became untruth. That’s why there is a needle of suspicion—real, grave suspicion—not just some doubt.

Also read: Dharmasthala case: Bones found, SIT mulls foreign-model tests, first in India

When powerful individuals with political clout, money, and influence get involved, such things happen in India. It’s not just suspicion; it’s serious.

What will be your next step?

There are activists, progressive groups, and democratic voices who will continue the fight on the streets. On the other side, there are lawyers like us who will pursue justice in the courts.

So, both the legal fight and the street fight will go on in parallel. Let us see what happens next.

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