HC STAYS NITHYANANDA MEDICAL TEST
Bangalore, 08 August 2012: The Karnataka High Court today extended the stay on the proposed medical test to be conducted on spiritual guru Paramahamsa Nithyananda, who is currently on a pilgrimage to Kailash-Manasarovar with a group of international devotees.
Nithyananda’s lawyer and Senior Counsel C V Nagesh presented his arguments in court yesterday in a compelling session which lasted close to three hours. The senior counsel contended that the police had sought the test with a malafide intention, which would provide no purpose other than cheap publicity for public consumption.
A few pertinent questions placed before the court included:
1) 1) What is the purpose and validity of a medical test conducted SIX years after the alleged act?2) Why has the mandatory primary medical examination of the alleged rape victim not been conducted to date, to determine if she has indeed been raped, and whether she is suffering from any sexually transmitted disease (STD) from her previous illicit relationships as claimed?
3) Even if the medical test proves potency, does it in any way prove that the individual has committed that particular crime?
4) Conversely, if the medical test proves impotency, is the Investigating Officer (IO) N. M. Ramalingappa ready to withdraw the rape charge?
5) Why are the statements of 15 witnesses recorded in 2010 being suppressed by the Investigating Officer?
6) Why has Ramalingappa impersonated himself as the Investigating Officer in this case, as a memo had been already issued in November 2011 by the DGP, replacing Ramalingappa with Deputy Superintendent of Police (CID) B N Ambiger as the Investigating Officer?
Presenting his arguments, Adv . Nagesh noted: “It is surprising and astonishing to note that the Investigator has till this day, not subjected the tell-tale victim for a medical examination to know as to whether she is suffering from any disease and as to whether she is capable of receiving an act of intercourse, be it by consent or by force from her male companion.
“What needs to be seen is as to whether the examination of the arrested person will afford evidence as to the commission of the offence of rape alleged against him.
“Even if the medical examination of the petitioner were to indicate that he is capable of having an act of intercourse, it does not indicate that there exists evidence with regard to the commission of the offence of rape complained against him.
“Conversely, putting that if the result of the medical examination of the petitioner were to indicate that the petitioner is impotent or not capable of having an act of intercourse, the Investigator cannot withdraw the prosecution of the petitioner.”
Nithyananda had approached the Karnataka High Court earlier this month challenging the Ramanagaram District court’s order for the medical test. After listening to the arguments on both sides, Hon’ble Justice V. Jagannathan extended the stay till the next hearing which is likely to be on 22 August.
- Nithyananda PR
