Godman Swami Nithyananda to undergo potency test in rape case
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Swami Nithyananda
C ontroversial self-styled godman Swami Nithyananda was on Wednesday directed to undergo a potency test in a 2010 rape case by the apex court, which rapped him and the Karnataka Police for the "atrocious" delay in the case.
"The accused must subject himself to a medical examination," a bench comprising Justices Ranjana Prakash Desai and N.V. Ramana said, while dismissing his plea to avoid the necessary medical test to determine his potency level.
The lackadaisical approach of prosecution in dealing with the case came for severe criticism by the bench, which expressed extreme displeasure at the incomplete investigation as Nithyananda and other accused had failed to cooperate with the probe agency.
The bench also dismissed the plea of Ranjitha Menon, Tamil actress and disciple of Nithyananda, seeking impleadment in the matter to state that she was being wrongly projected as a victim.
In its 20-page judgment, the bench said, "What is staring at us is the atrocious delay in disposal of the criminal petitions. The complaint is dated March 4, 2010. Cognizance 9/22/2018 Godman Swami Nithyananda to undergo potency test in rape case: India News
disposal of the criminal petitions. The complaint is dated May 4, 2010. Cognisance
of the offences has been taken in December 2010. Petitions came to be filed by the
petitioners in 2011-2012. We are in 2014. It is distressing to note that the petitions
were kept pending at admission stage and could be disposed of only on July 16 this
year", the bench said, adding that it was deciding this matter with the hope that there
would be no further delay in the case and the prosecution and the accused would
cooperate.
While rejecting the impleadment application of Tamil actress, the bench said, "We are
not inclined to expand the scope of these petitions. We, therefore, reject the
applications. On her grievance, we are not expressing any opinion.
If law permits, she may take such steps as she is advised, in the trial court".
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9/21/2018 SC Stays Order on Potency Test of Nithyananda
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today stayed for the time being the Karnataka High Court order directing that self-styled godman Nithyan-ected to a medical test to determine his potency level.
ever, expressed its anguish over the case lingering on for the past four years when the matter was mentio ot allow this to continue and that the investigation has to be completed.
the medical test is postponed," a bench comprising justices Ranjana Prakash Desai and N V Ramana said w ugust 1 order of the high court directing Nithyananda and four of his followers to appear before the Chief J n, on August 18 in connection with an alleged rape case.
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.
https://www.outlookindia.com/newswire/story/sc-stays-order-on-potency-test-of-nithyananda/853461 1/3
● On 8 Sept 2014, the medical potency tests were executed. It was the most malicious and lethal physical-and-sexual abuse on His Divine Holiness Paramahamsa Nithyananda, violating all fundamental human rights:
○ Forced masturbation
○ Use of excessive force on sensitive sexual organs and glands.
○ Pressurizing Him to take a lethal injection to induce ‘fake’ erection. The lethal injection had high-risk of causing cardiac arrest to His Divine Holiness. Below-human treatment, verbally abusing and forcing Him to watch pornographic scenes.
○ Parading women before Him during the potency test hoping to arouse Him
○ Even during discharge denying bare-human medical support, such as a wheelchair or an ambulance after inflicting such acute pain.
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