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Supreme Court dismisses Nithyananda’s plea against potency test
The bench had earlier questioned Nithyananda for his reluctance to undergo the test, saying such examinations are necessary
New Delhi: Self-proclaimed godman Nithyananda will have to undergo potency test in a 2010 rape case with the Supreme Court on Wednesday 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. On 20 August, the bench had questioned Nithyananda for his reluctance to undergo the test, saying such examinations are becoming necessary in view of the rise in rape cases.
The bench had also said that there is no reason why an accused in a rape case should not be subjected to a potency test and had questioned the police for the delay in conducting the test in the 2010 case. The apex court had on 21 August reserved its verdict on Nithyananda’s plea. The Karnataka high court had on 1 August 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 appear before the chief judicial magistrate, Ramanagaram, on 18 August. It had passed the order on the petitions filed by Nithyananda and his followers questioning the 28 July order of the chief judicial magistrate.
In its 16 July order, the high court had upheld the 2012 order of the chief judicial magistrate, who had allowed the plea of the criminal investigation department to subject Nithyananda to a medical test to find out whether 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 16 July order had made it clear that he should be taken into custody only for the limited purpose of subjecting him to a medical test and for collecting voice and blood samples, if he voluntarily failed to appear before the investigating officer.
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First Published:3 Sep 2014, 12:37 PM IST
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