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Hindu Leader's Attempt To Modify Bail Conditions Rejected By Court

By Howard M. Friedman

In Ex parte Prakashandand Saraswati, (TX Ct. App., June 24, 2009), a Texas appellate court rejected petition for a writ of habeas corpus filed by a prominent Hindu spiritual master and teacher who was attempting to obtain a modification of conditions imposed when he was released on bail after being charged with 20 counts of indecency with a child by contact. More specifically, prosecutors charged that between 1993 and 1996, Prakashandand Saraswati fondled the breasts of two minor girls.

Saraswati is the leader of the JKP-Barsana Dham movement. Its North American headquarters is in Texas. Originally his bail was conditioned on his having no unsupervised contact with children under 17, surrendering his passport, and remaining at least 200 yards from Barsana Dham property. In May 2008, Saraswati and the prosecutor filed a stipulation modifying conditions of his bond. His passport was returned to him, but he agreed to continue to stay away from the Barsana Dham property in Hays County (TX). Subsequently he filed another motion, and then a habeas petition, seeking to amend conditions of his bond further so he could return to Barsana Dham to live, practice his religion, and associate with the adults living there. He claimed that the original conditions violated his 1st Amendment freedoms of religion and association. The court concluded, however, that Saraswati is estopped from complaining about conditions that he had negotiated and agreed to. The Austin American-Statesman yesterday reported on the decision.

Full post as published by Religion Clause on June 25, 2009 (boomark / email).