Potency Test a necessity for Progress in Nithyananda Case: Supreme Court Warns🔗

BY: VERA SHRIVASTAV AUGUST 21, 2014 5:06 PM

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Right on the heels of self styled godman Asaram Bapu's rejection of bail plea in a rape case, the Supreme Court expressed concern and displeasure yesterday at another such godman Swami Nithyananda's unwillingness to subject himself to a medical potency test in a rape allegation.

The case, initiated in 2010 in Karnataka has made no real progress till date due to non co-operation of the accused in the investigation to undergo medical tests to determine whether he is capable of having sexual intercourse and in giving blood and voice samples. Presumably concurring with the legal maxim 'justice delayed is justice denied', the Supreme Court also questioned the delay of the police in carrying out such tests and insisted on not stalling the case further.

Authorized by the Karnataka High Court to interrogate, the Criminal Investigation Department (CID) filed a charge sheet against Nithyanada for offences of rape, unnatural sex, criminal conspiracy and intimidation in 2012 following which Chief Judicial Magistrate (CJM) Ramanagaram directed the accused to undergo the aforementioned tests to arrive at the truth. On appeal, the Karnataka High Court upheld the order of the CJM and directed the accused to co-operate in the investigation.

https://www.livelaw.in/potency-test-necessity-progress-nithyananda-case-supreme-court-warns/ 1/2

9/22/2018 Potency Test a necessity for Progress in Nithyananda Case: Supreme Court Warns | Live Law On appeal to the Supreme Court, however, a bench constituted of Ranjana Desai J.(presiding) and N. V. Ramana, J., stayed the order of the High Court for the time being directing such tests, on August 5, 2014.

However, remarking yesterday on the unprecedented rise of rape cases being reported these days, the Supreme Court Bench opined that these tests are becoming a necessity and saw no reason to disallow potency tests. It said “Nobody should avoid these tests...Inferences might be drawn from your reluctance to undergo the test.”.

It was further aggravated by the stalling of the case for the past four years and warned that this status quo cannot be maintained and that the investigation must be completed. “The case is of 2010 and we are in 2014 and the case is not proceeding... We make it clear it will not go like this”, the Court said.

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Topics: godman Asaram Bapu | godman Swami Nithyananda | godman's Sexual Harassment | Karnataka High Court | Potency Test a necessity | Supreme Court

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marks of violence on the accused. We do not want to

comment on this. If the accused are entitled to get any benefit

because of the delayed medical examination, they can surely

urge that point in the trial. But they must submit themselves

to medical examination. This submission is, therefore,

rejected.

Highlights of Supreme Court order, ordering the medical test of Paramahamsa Nithyananda.

Economic Times- online media article

https://economictimes.indiatimes.com/news/politics-and-nation/supreme-court-dismisses-plea-of-nithyananda-against-potency-test/articleshow/41595798.cms

Supreme Court dismisses plea of Nithyananda against potency test

PTI | Updated: Sep 03, 2014, 12.52 PM IST

NEW DELHI: Controversial self-proclaimed godman Nithyananda will have to undergo potency test in a 2010 rape case with the Supreme Court today dismissing his plea challenging the Karnataka High Court's order directing him to take the medical test.

A bench headed by Justice Ranjana Prakash Desai refused to give any relief to Nithyananda.

The bench while hearing the case had on August 20 questioned the controversial godman for his reluctance to undergo the test, saying such examinations are becoming necessary day-by-day in view of rape cases.

The bench had also said that there is no reason why an accused in a rape case should not be subjected to potency test and had questioned the police for delay in conducting the test in the 2010 case.

The apex court had on August 21 reserved its verdict on Nithyananda's plea.

Karnataka 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 for the 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://economictimes.indiatimes.com/news/politics-and-nation/supreme-court-dismisses-plea-of-nithyananda-against-potency-test/articleshow/41595798.cms 1/26

9/21/2018 Supreme Court dismisses plea of Nithyananda against potency test - The Economic Times In its July 16 order, the high court had upheld the 2012 order of the CJM, who had allowed Chhattisgarh Assembly Election the plea of the Criminal Investigation Department to subject Nithyananda to medical test to National Registry of Sexual Offender Petrol Price find out whether or not he was capable of having sexual intercourse, and also to collect his Narendra Modi How to Save Income Tax Amit Shah blood and voice samples. Rahul Gandhi BJP Congress

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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