SC stays order on medical test of Nithyananda for time being

PTI  New Delhi, August 05, 2014

The Supreme Court on Tuesday stayed for the time being the Karnataka high court order directing that self-styled godman Nithyananda, an accused in a rape case, be subjected to a medical test to determine his potency level.

"For the time being the medical test is postponed," a bench comprising justices Ranjana Prakash Desai and NV Ramana said while refusing to interfere with the August 1 order of the high court directing Nithyananda and four of his followers to appear before the Chief Judicial Magistrate (CJM), Ramanagaram, on August 18 in connection with an alleged rape case.The apex court, however, expressed its anguish over the case lingering on for the past four years when the matter was mentioned before it and warned that it cannot allow this to continue and that the investigation has to be completed.

It posted the matter after a week and asked the Karnataka government and the victim to file response on the appeal filed by Nithyananda Swami of Nithyananda Dhyanapeetam against the high court order.

The bench expressed its displeasure, saying that the acts of accused have come in the way of progress in the case.

"We want to make it clear our anxiety is whosoever is the person who is accused we don't go by names. Investigation has to proceed. There should be no effort to stall investigation.

"The case is of 2010 and we are in 2014 and the case is not proceeding. The law permits one type of proceedings. We make it clear it will not go like this. We want to decide," it observed while making clear to Nithyananda and his alleged accomplices to cooperate with the probe into the case.

The court said, "We have to go into the crux of the matter. We have to see that the matter progresses" while questioning him for opposing medical tests ordered by the nigh court.

"Why are you saying that the blood test and voice sample cannot be ordered?" the bench asked before passing the order.

The high court had on August 1 stayed the non-bailable arrest warrant issued by a Ramanagaram court against Nithyananda and four of his followers in connection with the case.

The high court had directed Nithyananda to present himself before the investigating officer on August 6 for subjecting him to medical test and also to appear before the Chief Judicial Magistrate (CJM), Ramanagaram, on August 18.

It had passed the order on the petitions filed by Nithyananda and his followers questioning the July 28 order of the CJM.

They had claimed that the CJM was not justified in issuing the non-bailable arrest warrant against them as the high court in its July 16 order did not direct them to be present before the CJM on July 28 but it was the date given for the trial court to commence hearing in the rape case, which was pending from four years.

In its July 16 order, the high court had upheld the 2012 order of the CJM, who had allowed the plea of the Criminal Investigation Department to subject Nithyananda to medical test to find out whether or not he was capable of having sexual intercourse, and also to collect his blood and voice samples.

Observing that Nithyananda had been granted regular bail, the high court, in the July 16 order, had made it clear that he should be taken into custody only for the limited purpose of subjecting him to medical test and for collecting voice and blood samples, if he voluntarily failed to appear before the investigating officer

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