Bombay HC: Black Magic Act Meant To Curb Harmful Practices, Not Legitimate Spiritual Teachings

Mumbai: The Maharashtra Black Magic Act is meant to curb harmful practices but does not apply to legitimate spiritual teachings, Bombay High Court said while upholding discharge of Gujarat-based godman Ramesh Madhukar Modak alias Shivkrupanand Swami in a case under the Act.

An FIR was filed in 2014 by Pune resident Rohan Kulkarni, who accused Modak and his associate Narendra Patil of deceiving him through workshops falsely promising spiritual guidance and career success. He alleged that Modak promoted black magic and inhumane rituals via pre-recorded video seminars.

Kulkarni attended a 2012 workshop where Modak claimed supernatural abilities. Persuaded, he traveled to Navsari, Gujarat, but was denied a personal meeting. In 2013, he attended another Pune workshop, where Modak allegedly communicated through his “subtle body” while a CD of his discourse, sold for Rs250, was advertised as “blessed.” Kulkarni later joined a 45-day meditation course, which he claimed caused mental and physical distress.

A trial court discharged Modak in 2020, ruling that the allegations didn’t constitute an offense under the Act. The State’s revision plea was rejected by the Pune Sessions Court in 2023, prompting appeals to the High Court.

Kulkarni’s Advocate, Arjun Kadam, argued that the CD contained Modak’s fraudulent claims and should fall under the Black Magic Act, which was enacted in 2013. Additional Public Prosecutor Arfan Sait contended that Modak instilled fear by pretending to have supernatural powers.

However, defense advocate Siddharth Sutaria countered that the CD was recorded in 2008, predating the Act, and no other complaints had been filed.

He also noted that Kulkarni had pre-existing psychological issues, making it unreasonable to link his distress to meditation. Furthermore, medical records showed that the informant was already undergoing psychological treatment, making it unreasonable to link his distress to meditation practices.

Justice RN Laddha, on Wednesday, said that Modak neither organized the workshops nor published the CD and questioned the two-year delay in Kulkarni mentioning the CD in his complaint. Upholding the discharge, the HC said the lower courts had conducted a thorough assessment of the evidence before exonerating the accused.

“Both Courts below conducted a detailed assessment of the allegations… and rightly concluded that the accused should be discharged. Furthermore, there is no discernible legal error, procedural irregularity, or erroneous finding in the impugned orders that would necessitate intervention by this Court,” the judge added.